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(영문) 창원지방법원 진주지원 2017.07.19 2017고단241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On November 5, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on November 5, 2013, and on August 12, 2016, the Defendant was issued a summary order of KRW 6 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on August 12, 2016, and was issued a fine of KRW 6

1. On March 6, 2017, the Defendant driven a BMF6 car owned by the Defendant’s mother without his/her driver’s license in a 6km section from around 06:09 to around the south-dong community service center located within the same city, Nam-dong to the south-dong community service center located within the same city, Nam-dong to the road.

2. On March 11, 2017, at around 23:35, the Defendant driven a BM6 car owned by the Defendant’s mother under the influence of alcohol content of approximately 0.148% at a section of about 50 meters from the 500-meter radius to the Do-dong elementary school located in the downstream-dong, Do-dong, Do-dong, Seoul Special Metropolitan City without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. C’s statement;

1. CCTV photographs and field photographs;

1. The driver's license ledger;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the same type of force and other judgments);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act as stated more severe punishment);

1. The punishment for concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes) shall be aggravated.

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