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(영문) 창원지방법원 2017.11.15 2017고단2294
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 21, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violation of road traffic law at the Changwon District Court on July 31, 2014, which was sentenced to a fine of KRW 2 million as a crime of violation of road traffic law at the Changwon District Court on July 31, 201, and on August 12, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law at the Changwon District Court on August 20, 201, and the judgment became final and conclusive on August 20, 201.

[2] On June 11, 2017, at around 23:30, the Defendant started from the park, including the head of Jin-gu, Jin-gu, Jin-si, Kim Young-si, Kim Young-si, and turned back to the front of the park with a view to the same rith-ri distance outflow, and run a car with approximately 300 meters alcohol concentration in blood, without obtaining a driver’s license, while under the influence of alcohol concentration of about 0.051% in front of the park.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of the driver of the alcoholic beverages and about the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, is acknowledged to commit the instant crime, and the defendant is deemed to have sold a vehicle driving so that he/she will not drive a driver without a drinking license in the future.

The defendant's family members and branch members are seeking the defendant's wife.

In addition, the drinking value is relatively low, and there was no accident due to the driving of a license without the drinking of this case.

However, the defendant committed the crime of this case again during the period of suspension of execution due to a violation of the Road Traffic Act.

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