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(영문) 창원지방법원 진주지원 2017.09.13 2017고단254
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 5, 2009, the Defendant was sentenced to a summary order of a fine of KRW 700,000,000 as a violation of road traffic law (drinking driving), and a fine of KRW 2 million as a same crime in the same court on November 1, 2010. On August 24, 2011, the Defendant was sentenced to a two-year suspension of the execution of six-month imprisonment with labor for the same crime in the same court.

On April 4, 2017, the Defendant driven a B1 ton cargo vehicle between approximately 200 meters and B1 ton in front of the warehouse in the front of the Haak apartment site located in Jinju-si, under the influence of alcohol content of 0.104% during the influence of around 22:20 on April 4, 2017.

around 02:45 on May 27, 2017, the Defendant driven B-be under the influence of alcohol content of at least 0.059% while under the influence of alcohol without obtaining a driver’s license from around 300 meters from the road front of the Han-dong, Jin-si, Jin-si, Jin-si to the road front of the same tower.

Summary of Evidence

"2017 Highest 254"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. "Motor vehicle driver's license ledger 2017 high group 507 high group;

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report attached to the same type of judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (a punishment provided for in the crimes of violation of traffic laws in each judgment and the crimes of violation of traffic laws (non-licenseed driving) and each punishment shall be imposed on the crimes of violation of traffic laws in each judgment with heavier punishment);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, shall be imposed on a crime of violation of the Road Traffic Act (driving of Drinking) on April 4, 2017.

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