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(영문) 창원지방법원 거창지원 2018.08.08 2018고단130
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2] On May 3, 2012, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of road traffic laws in the Changwon District Court's Changwon District Court's branch on May 3, 2012; on June 25, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws; on December 22, 2014, the Defendant completed the execution of the sentence at a detention center; on October 7, 2015, the same court was sentenced to eight months of imprisonment with prison labor for a violation of road traffic laws; on January 11, 2017, the Defendant terminated the execution of the sentence at Busan Prison on April 26, 2016; and on June 11, 2017, the court had been sentenced to three months of imprisonment with labor for a violation of road traffic laws and a fine of three hundred thousand won and revoked the execution of the sentence from the prison on April 10, 2017.

[Criminal facts]

1. The Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license), as seen above, driven C Poter under the influence of alcohol concentration of at least 0.105% without a driver’s license, while driving C Poter under the influence of alcohol concentration of at least 200 meters from the front day of the Showon-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, on November 18, 2017 to the front day of the 140-ro of the same Eup, which is located in the 147-ro of the 140-ro of the Changwon-gun, Chang-gun, Chang-gun, Seoul Special Metropolitan City on November 18, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving the said C Poter freight which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site records and photographs of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Inquiry into the partnership of the main office;

1. An inquiry into the enemy and mandatory insurance;

1. Written estimate;

1. Previous convictions: Criminal history inquiry, each investigation report (a confirmation of the fact during the period of repeated crime, attachment of the same military records, etc.) and personal confinement status;

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