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(영문) 창원지방법원마산지원 2020.10.07 2020고단738
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 15, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Changwon District Court's Mapo Branch on the grounds of a violation of the Road Traffic Act (driving). On November 20, 2019, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 2, 2020, at around 07:30, the Defendant driven a e food car without a car driver's license, while under the influence of alcohol concentration of about 4km from the front of C in Changwon-si, Muwon-si, Muwon-si, to the front road of D in Changwon-si, Muwon-si, the Defendant driven a e food car without a car driver's license.

Accordingly, the defendant driving without driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1), 44 (1), and 152 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was that the Defendant had been punished twice due to drunk driving, and this led to the instant crime even though the driver’s license was revoked, and the occurrence of a traffic accident was also caused.

Although it was discovered that the blood alcohol concentration of the defendant was high, the defendant's blood alcohol concentration has already been discovered by drinking driving.

It is inevitable to take severe punishment because it has not been exposed to the second level of drinking driving and has not been 1 year.

However, the defendant stated that he is aware of and against the facts of crime.

The exposure of alcohol was made on the following day, and it seems that there was no loss of human life due to traffic accidents.

In addition, the defendant.

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