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(영문) 창원지방법원 진주지원 2017.11.29 2017고단789
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 14, 2013, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju on October 14, 2013. On February 12, 2015, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving without a license) in the same court and issued a summary order of KRW 5 million (dacting driving without a license) on February 12, 2015.

The Defendant driven a motor vehicle under the influence of alcohol more than twice as above without obtaining a driver’s license. On September 3, 2017, at around 20:35, the Defendant driven a C Poter in the influence of alcohol with approximately 0.173% alcohol level in the section of approximately 1 kilometer from around the Kindong-dong, Jinnam-si, Jinnam-si to the rogate in the same city-nam-dong.

On August 2, 2017, 2017, the Defendant driven C Freight Vehicles from around 700 meters to the front road of his residence located in Jin-si, Jin-si, Seoul Special Metropolitan City, at around 12:53 on August 2, 2017 without a driver’s license.

Summary of Evidence

"2017 Highest 789"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions as indicated in the judgment: References about criminal history and investigation reports (verification of the same type of force), "2017 Heights 849";

1. Statement by the defendant in court;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2 and Article 50 of the Criminal Code [the sentence shall be heavier.]

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