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(영문) 창원지방법원 2016.08.09 2015고단3449
도로교통법위반(음주운전)등
Text

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

Reasons

Criminal facts

On October 24, 2011, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Changwon District Court's Busan District Court's order on October 24, 201; on October 31, 201, a fine of KRW 2.5 million for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court's Changwon District Court's order on October 31, 201; on July 23, 2014, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (dacting driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 6, 2015, the Defendant driven a BS-type vehicle under the influence of alcohol content of 0.209% while under the influence of alcohol, without obtaining a driver’s license, from around the upper south-dong in Sungwon-si, Sungwon-si to around 18-14, 2015.

On February 5, 2016, 2016, the Defendant driven a vehicle of approximately 3.4 km from the front of the Defendant’s dwelling at Sungwon-si, Sungwon-si, Sungwon-si, to the front road of the Changwon-si, the number of the members of the window at Changwon-si, the number of which is about 121, at approximately 3.4 km, without a driver’s license.

Summary of Evidence

"2015 Highest 3449"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. "Inquiry about criminal history, report on investigation (verification of period of suspension of execution, and attachment of copies of the same criminal judgment)" 2016 high order 742;

1. Statement by the defendant in court;

1. A report on internal investigation (with regard to the details of enforcement)

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

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 (the point of driving without each license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

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