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(영문) 창원지방법원 2016.09.30 2016고단978
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On March 9, 2007, the Defendant issued a summary order of KRW 2,00,000,000 as a fine for a violation of road traffic laws at the Changwon District Court on March 9, 2007, and on December 10, 2012, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of road traffic laws (drinking) in the same court on December 10, 2012, and on September 5, 2014, the same court was sentenced to the suspension of the execution of six months on September 13, 2014, and the said judgment became final and conclusive on September 13, 2014.

On January 23, 2016, at around 20:55, the Defendant driven a Dpoter II cargo vehicle with approximately 500 meters alcohol concentration at a section of approximately 0.115% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the so-called so-called Cheongan Village located in the Gu Cheongan-dong (Yandong) in front of the so-called Cheongan-gu, Changwon-si, Seoul Special Metropolitan City to the front of the Cheongan Park-ro located in the same Gu Cheongan-dong (Cheongandong).

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

On May 29, 2016, the Defendant driven a DPoter II truck in the section of approximately 100 meters up to the front road of the 61st stop located in the Gowon-si, Gowon-si, Gowon-si without obtaining a driver’s license for a motor vehicle on May 29, 2016.

Summary of Evidence

"2016 Highest 978"

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: "Written reply to inquiries, such as criminal history, (A), investigation report (inform report, such as a copy of the judgment, etc.), 2016 order 2417";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes for inquiry into a partnership of the main office;

1. Driving under the relevant legal provisions on criminal facts: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. The crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (e.g., drinking) are committed on January 23, 2016.

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