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(영문) 창원지방법원 통영지원 2015.06.11 2015고단377
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 3, 1997, the Defendant was sentenced to a fine of KRW 200,000 to a fine of KRW 1.0 million for a violation of the Road Traffic Act at the Changwon District Court through the Changwon District Court on March 13, 1998; the same court on August 4, 2008; the same court on December 23, 2010 issued a summary order of KRW 2.5 million for the same crime; on February 12, 2013, the Defendant was sentenced to a fine of KRW 5 million at the same court on the same crime; on April 8, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving); and on July 28, 2014, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (hereinafter referred to as the above suspended sentence) at the same court on July 28, 2014.

【Criminal Facts】

1. On November 5, 2014, the Defendant driving a motor vehicle without obtaining a license for driving a motor vehicle of 0.131% of the blood alcohol concentration, which was driven by the Defendant, from the road front of the “indoor Packaging in Bangladesh” in front of the “indoor Packaging in Bangladesh”, which is located on an attempted coast of 62 at the time of driving on November 5, 2014 to the road front of the “indoor Packaging in Bangladesh” located on the said attempted coast of 70 days.

2. On February 28, 2015, the Defendant driving a fK3 car owned by the Defendant from February 28, 2015 to the road in front of the Defendant’s house located in Tong-si, through through Dong-si on February 17:45, 2015, while under the influence of alcohol with a blood alcohol content of 0.237% without obtaining a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of each driver and the register of each driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to judgments, and filing of identical criminal records and summary orders);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) concerning the facts constituting a crime, each of the relevant laws, and Article 152 of the Road Traffic Act;

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