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(영문) 창원지방법원 마산지원 2018.09.11 2018고단774
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On May 18, 2007, the Defendant was sentenced to a summary order of KRW 2,50,000 as a result of a violation of road traffic law (driving without a license), a violation of road traffic law (driving without a license), and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. On July 7, 201, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for violation of the Road Traffic Act (driving without a license), a violation of road traffic law (driving without a license), a violation of the Road Traffic Act (not taking measures after accidents), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Motor Vehicles), a violation of the Act on the Aggravated Punishment, etc. of Automobile Compensation, a violation of the Road Traffic Act (not taking measures after accidents), a violation of the Road Traffic Act (not taking a drinking), a violation of the Road Traffic Act (not taking a license), and a violation of the Road Traffic Act (not taking a license) on November 30, 2016).

On June 12, 2018, at around 14:30, the Defendant driven a coo vehicle in C while under the influence of alcohol leveling 0.273%, without obtaining a driver’s license, from approximately 2km section from the front day of the Changwon-si Masan Port to the front day of the Changwon-si 7-No. 20, Changwon-si Port.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle without a driver's license at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The ledger of driver's licenses;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A), investigation report (the same records of the suspect and confirmation of the period of repeated offense);

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 Code of Trade and Trade (the punishment shall be heavier).

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