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(영문) 창원지방법원 진주지원 2017.08.22 2017고단357
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 17, 2014, the Defendant was issued an electronic summary order of KRW 5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) in the Jinwon District Court's Jinju branch on April 17, 2014, and on May 17, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act (non-licensed driving), violation of the Road Traffic Act (non-licensed driving), violation of the Road Traffic Act (non-licensed driving), violation of the Road Traffic Act (non-licensed driving), and violation of the Guarantee of Automobile Compensation Act (hereinafter referred to as the "Act") and was sentenced to six times of suspension of execution as of May 25, 2016.

[Criminal facts] The Defendant is a holder of G Dasp Car.

On March 7, 2017, the Defendant driven a vehicle with approximately 10 meters alcohol concentration of approximately 0.085% in blood without obtaining a driver’s license, and driving the said vehicle without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. The driver's license ledger;

1. Inquiry into mandatory insurance, and making a tea entry into the ship;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (Attachment to the same criminal records and written judgments during the period of suspension of execution, and attachment to the same criminal records and written judgments);

1. Article 148-2 (1) 1, Article 44 (1), Article 152 (1), and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume - Unfavorable circumstances: A majority of previous convictions for the same kind of crime and the period of suspension of the execution of the same crime - circumstances favorable to the crime: The distance of driving under the influence of alcohol is short.

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