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(영문) 창원지방법원 통영지원 2018.01.24 2017고단1820
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 12, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on February 12, 2015, and was sentenced to a fine of ten million won for the same crime in the same court on July 29, 2016. On May 29, 2017, the Defendant was sentenced to a suspended sentence of ten million won for the same crime, etc., and was not detained for the same crime to the Changwon District Court on March 29, 2017, and was pending

[2] Around August 19, 2017, the Defendant, without a driver’s license, committed a violation of drinking two or more times due to driving of alcohol, but was under the influence of alcohol content of 0.088% due to blood, and was driving a nan-turd car at approximately 10km from the first day of the landing place located in the Yansung-gun, Gyeongsung-gun, the Gansan-gun, the Gan-gun, the Gan-gund car, the front day of the landing place located in the Yansan-gun, the Gan-gun-gun, the Gan-gund car.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the primary driving, a report on the circumstances of the driver at the primary driving, an investigation report (report on the circumstances of the driver at the primary driving), and a report on the circumstances of the

1. The driver's license ledger;

1. Previous convictions in the judgment: A detailed statement of management of the initial report, reply to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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. The Defendant has a record of punishing a person who has been subject to punishment on several occasions due to driving without a drinking license.

In particular, the defendant was punished for the suspension of the execution of imprisonment due to the crime of the same kind in 2015, and was sentenced to a fine of two times for each of the crimes of drinking and non-licensed driving during the suspension of the execution period.

Nevertheless, the defendant also caused a traffic accident while committing the same kind of crime, resulting in injury to others, and while not attending the trial, the crime of this case is committed.

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