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(영문) 창원지방법원 거창지원 2018.11.07 2018고단244
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic law in the Jinwon District Court's Jinju on March 9, 2010, and was sentenced to a fine of 2.5 million won for a violation of road traffic law at the Changwon District Court's Changwon District Court's branch on January 5, 2018, and was sentenced to a suspended sentence of two years for a violation of road traffic law on January 13, 2018 and the decision became final and conclusive on January 13, 2018.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act on at least two occasions; (b) was driving a DNA cargo vehicle while under the influence of alcohol leveling 0.109% without obtaining a driver’s license from the front side of the road located in B of the Gyeongnam Development-gun around August 28, 2018, to the front side of the same Eup/Myeon, from the road located in B of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving at the driving, notification of the results of regulating the driving of alcohol, investigation report (report on the situation of the driver driving at the driving at the driving), inquiry into the results of regulating the driving of alcohol, report on the driving at the driving at the driving at the driving at the driving at the driving at the driving at the driving at the driving

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (Attachment, etc. of the same type/similar force rulings), and copies of judgments;

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. The elements of sentencing that is disadvantageous to the reasons for sentencing selective sentencing of a sentence: The Defendant was punished several times by drinking alcohol, in addition to the previous convictions held earlier, and in particular, the Defendant, at the time of the instant crime, once again driven alcohol without being aware of the fact that the Defendant had been under suspension of the execution of a judgment of conviction of drinking, (i.e., when considering this point, the sentence is inevitable to be sentenced simultaneously): The Defendant’s age, sexual behavior, and the Defendant’s age.

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