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(영문) 창원지방법원 2017.08.29 2017고단1730
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine of 150,000 won.

If the defendant does not pay the above fine, 50,000.

Reasons

Punishment of the crime

1. [2017 Highest 1730] On August 27, 2004, the Defendant received a summary order of KRW 300,000,000 as a fine for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on November 8, 2010, by the same court on March 7, 201, a fine of KRW 200,000 as a crime of a violation of the Road Traffic Act (driving without a license) in the same court on March 7, 2011, by the same court on September 15, 201, a fine of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving without a license), and on March 21, 2016, by the same court on March 21, 2016.

On May 14, 2017, around 08:46, the Defendant driven a motor device driver's license within approximately four kilometers in front of the sobrying road, which was located in 165 as the same Gu-ro Do, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, and through the same Do-dong, and operated E- A-49C 49cc under the influence of alcohol content while under the influence of alcohol with approximately 0.069%, without obtaining a motor device's driver's license.

As a result, the Defendant, who has violated the prohibition of drinking twice or more, once again, passed a motor device bicycle while drunk in violation of the above provision, and operated a motor device bicycle without obtaining a driver's license.

2. [Attachment 2017 Highest 2487] On July 1, 2017, the Defendant driven a bicycle with a motor device device in approximately 70 meters section, without obtaining a bicycle driver’s license, from the front of the Do in the 40-ro 5 oon from the Do in the Chang-gu, Gowon-si, Gowon-si, Gowon-si to the front road.

Summary of Evidence

Application of the Act and subordinate statutes to investigation reports on the circumstances of drivers who make a legal statement by the defendant, such as criminal history in the register of driver's licenses (report on the previous conviction and confirmation thereof).

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);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. One crime: Imprisonment with prison labor; or

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