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(영문) 창원지방법원 2017.10.18 2017고단2273
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2017 Highest 2273] On November 25, 2010, the Defendant was sentenced to a fine of KRW 7 million on March 25, 2014 by the Changwon District Court for a violation of the Road Traffic Act (driving), etc.

On June 7, 2017, at around 20:38, the Defendant driven D-wing and C-motor vehicle under the influence of alcohol concentration of about 0.10% without a driver's license from the section of about 1km to the front road of the Defendant's residence, located in C, which is located in C, in the Jeju-si Jeju-si Jeju-si.

[2017 Highest 2964] On July 29, 2017, the Defendant driven D 31 ton cargo vehicles without a driver’s license from a section of about 500 meters from the front of the dwelling of the Defendant in Kimhae-si, to the front of the F police box located in E, from the road located in Kimhae-si, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Road Traffic Act and a person on June 7, 2017, a crime of violating the Road Traffic Act (non-licenseed driving) and a crime of violating the Road Traffic Act, and a punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (normal consideration in favor of the above);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act of the order to attend a lecture is in depth and reflects his mistake, and each of the instant cases.

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