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(영문) 창원지방법원 통영지원 2017.09.07 2017고단960
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On May 22, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and on April 17, 2014, the Defendant was issued a summary order of KRW 1,50,000 for the same crime at the same court on April 17, 2014. On May 30, 2014, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Establishment and Management of the Changwon District Court, which was sentenced to a suspended sentence of two years on October 28, 2015, under the period of the suspended sentence, for a crime of violation of the Road Traffic Act (driving), and the suspended sentence was invalidated on November 30, 2016 during the execution of the sentence in the Changwon District. The period of parole passed on February 26, 2017

[2] On June 12, 2017, the Defendant was under the influence of alcohol content of 0.219% in blood without obtaining a motor device bicycle license, and driven Franb in approximately 3km from D to E in the direction of approximately 3km in around 12:55 on June 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. The driver's license ledger;

1. An investigation report (including photographs by cutting down the attached ctv images, attached ctv related to E crime prevention ctv);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the current status of acceptance by an individual), investigation report (the record of the same kind of crime as the suspect), and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are several times by the accused.

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