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(영문) 창원지방법원 2017.11.21 2016고단3428
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On January 31, 201, the Defendant issued a summary order of KRW 5 million at the Changwon District Court as a crime of traffic violation (driving alcohol) at the Changwon District Court on February 9, 201, a fine of KRW 2 million as a crime of traffic violation (driving alcohol) at the same court on February 9, 2015, and the same court on January 4, 2016.

[2016 Highest 3956] On June 26, 2016, the Defendant driven a Category C cargo vehicle under the influence of alcohol content of 0.17% in alcohol while under the influence of alcohol without obtaining a driver's license from the Do in front of the Do in Busan Gangseo-gu, Busan, from around 06:18 to the road in front of the Sinnam-si, Busan, Busan, for about 1 Km section and without obtaining a driver's license.

[2016 Highest 3428] On July 18, 2016, the Defendant driven a C 1 ton cargo vehicle at a section of about 1km from the front of the salt church to the original 40 square meters, under the influence of alcohol content of 0.145% in the blood, without a driver’s license, at around 06:02 on July 18, 2016.

Summary of Evidence

The application of Acts and subordinate statutes of a summary order to inquire about the defendant, such as the history of crime in the register of driver's license report on the circumstance of the driver in the police interrogation protocol

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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