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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단394
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Changwon District Court was sentenced to a fine of KRW 5 million on February 15, 2013. On May 1, 2014, the defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving of alcohol) at the same support on May 1, 2014. On July 23, 2015, the defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (driving of alcohol), and on the same support on November 3, 2016, he was released on June 30, 2017, and was released on parole for a violation of the Road Traffic Act (driving of alcohol).

9. 18. The parole period expired.

[2] Although the Defendant violated the provision prohibiting driving of drinking alcohol on at least two occasions as indicated in the record of crime, the Defendant driven a DNA cambopon vehicle, while under the influence of alcohol content 0.144% of alcohol while under the influence of alcohol without a driver’s license, from the road front of the C cafeteria located in the Gyeongnam-gun, Gyeongnam-gun, not around 20:30 on June 29, 2018 to the red cambing distance in the front of the same military cambnding in the front of the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, two copies of a summary order, two copies of the judgment, two copies of the judgment, and the current status of personal expropriation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that a repeated crime with respect to the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed, and that there was several penalties for the same crime, a sentence of imprisonment is inevitable.

In addition, the defendant's age, environment, and motive for committing the crime;

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