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(영문) 창원지방법원 2017.01.13 2016고단3473
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act, and on May 11, 2016, the Defendant was sentenced to a fine of KRW 6 million by the same court due to a crime of violating the Road Traffic Act.

On September 15, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 20:03, driven a C-learning motor vehicle at approximately 2 kilometers in approximately 30 kilometers from the 3th parking lot of the C-learning apartment, for a person who is in the Chang-si, who is in the Chang-si, who is in the front of the Chang-si, by going through a road in front of the Chang-si, such as where he was in the Chang-si, which is in the front of the Chang-si, and is in the Chang-si in the Chang-si, which is located in the Chang-si, which is located in the Chang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Measuring photographs of the person under influence of alcohol;

1. Inquiries into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (Attachment of summary order to the same paper of force), and text of judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following favorable circumstances among the reasons for sentencing) are as follows: (a) the Defendant was sentenced to two years of suspended sentence on November 11, 2015 due to a special assault, etc. on November 19, 2015 and was sentenced to two years of imprisonment on November 19, 2015; and (b) the Defendant was under suspended sentence as of November 19, 2015; (c) the Defendant again committed the same act in the instant case under the influence of a license even though he had the record of being sentenced to a fine due to a violation of the Road Traffic Act (driving) as stated in the facts constituting the crime in the judgment; and (d) the Defendant committed the same act in the instant case under the influence of a license; (c)

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