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(영문) 창원지방법원 통영지원 2016.02.17 2016고단57
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On December 14, 2006, the Defendant was sentenced to the punishment of 8 months of imprisonment and 5 million won of a fine at the Changwon District Court on April 2006 due to a violation of road traffic laws, etc. on January 17, 2008, and the imprisonment of 8 months and July 17, 2009 with prison labor for a violation of road traffic laws (driving), etc. on July 30, 2012, at the Changwon District Court, the Defendant was sentenced to 8 months of a fine and 5 million won of a fine at the Changwon District Court of Busan on November 30, 2012, and completed the execution of the sentence on September 25, 2014, by a court of Changwon District on September 25, 2014, and was sentenced to a fine of 100,000 won on September 25, 2015.

Criminal facts

Although the Defendant had been punished for committing a violation of the Road Traffic Act more than twice, on December 20, 2015, the Defendant driven D non-motor vehicle owned by another person without a driver’s license under the influence of alcohol level of about 0.131% in a 50-meter range from the road in front of his/her residence in Gyeongnam-gun, Gyeongnam-gun, around 17:10 on December 20, 2015 to the 1-lane 5,000 from the road in front of his/her place of residence in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, in the same way, from the 50-m

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Inquiries about the results of crackdown on driving alcohol;

1. Disqualifications of the main office and details of drivers' licenses;

1. Previous conviction: Application of a written inquiry about criminal history, judgment, and summary order Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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