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(영문) 창원지방법원 2020.03.26 2019고단3156
도로교통법위반(음주운전)등
Text

The crime of "2019 order3156" in the judgment of the defendant shall be punished by imprisonment with prison labor for eight months, and the crime of "2019 order3728" in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Power] On May 20, 2019, the Defendant was sentenced to a summary order of KRW 4,000,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on May 20, 201, and on October 11, 2019, the Defendant was sentenced to a suspended sentence of three years for a year and February, and the said judgment became final and conclusive on October 19, 2019.

【Criminal Facts】

On September 25, 2019, the Defendant, at around 23:35, 2019, driven a math car at the section of approximately 1.5 km from the front day of the Jinhae-gu, Jinhae-gu, Changwon-si, who is under the influence of alcohol by 0.094% of the blood alcohol concentration without a car driver’s license, to the front day of the naval facility electric zone located in the Jinhae-gu, Changwon-si, Changwon-si, 142.

On October 22, 2019, at around 23:30 on October 22, 2019, the Defendant driven a Glearning car under the influence of alcohol concentration of approximately 0.149% without obtaining a driver’s license in the 1km section from the date front of the D convenience store in the Jinhae-gu, Changwon-si, Jinwon-si, to the front of the Fcafeteria located in the Jinhae-si E.

Accordingly, the defendant violated the prohibition of drinking driving, etc. more than twice.

Summary of Evidence

"2019 Highest 3156"

1. Statement and entry of the accused (the first protocol of trial);

1. Report on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, the ledger of driver's licenses, and disqualified meetings;

1. Each investigation report "2019 Highest 3728";

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the control of drinking driving, the ledger of driver's licenses, and disqualified meetings;

1. Each investigation report "before the Korean War";

1. Criminal records, investigation reports, and cases of "2019 Highest 3156 Highest 3156" applied by statutes of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Legal provisions;

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