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(영문) 창원지방법원 마산지원 2016.08.30 2016고단709
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 9, 2004, the defendant was issued a summary order of KRW 2 million at the Changwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act (driving without a license), KRW 3 million for a violation of the Road Traffic Act (driving without a license), KRW 2.5 million for a violation of the Road Traffic Act at the Changwon District Court on July 30, 2004, and the defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on December 16, 2004. On September 26, 201, the defendant was sentenced to a suspended sentence of KRW 3 million for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on September 26, 201, and was sentenced to a fine of KRW 1,000,000 for a violation of the Road Traffic Act at the Changwon District Court on July 27, 2015.

[2] On May 25, 2016, at around 12:05, the Defendant driven a C Daelim 125CC test without a bicycle driver’s license, with approximately 150-meter section under the influence of alcohol content at around 0.101% of alcohol content in blood, from the front of a restaurant for the liquidation flowing water located in the Changwon-gu, Changwon-si, Changwon-si to the parking lot for the rack box located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Statement report on the circumstances of driving at driving, report on the results of regulating drinking driving, report on the situations of driving at driving at driving without a license, and report on the situations of driving without a license;

1. Each photograph;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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 with heavier punishment);

1. Selection of the penalty;

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