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(영문) 창원지방법원 진주지원 2016.04.27 2016고단40
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

1. On October 2, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a BS-type car under the influence of alcohol level of about 0.064% without obtaining a driver’s license on the section of about 100 meters from the front of an international lebane restaurant located in the definition of Sacheon-si, Sacheon-si until the front road of the international lebane, which is located in the same city definition.

2. On February 12, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Jinwon District Court on February 12, 2015, for a violation of the Road Traffic Act (driving) and is a person who has a record of driving under the influence of alcohol as described in paragraph (1).

On December 23, 2015, around 22:05, the Defendant driven a B Spart-type car under the influence of alcohol concentration of 0.146% while under the influence of alcohol level of 0.146%, without obtaining a driver’s license from the front line of the trade name in the head Ri to the 50m section from the Do in front of the Yan urban road in the same Ri.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driving of each driving driver, the driver's license register of each driving driver, and a report on the circumstances of the driving driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Article 148-2 (2) 3, Article 44 (1) (i) of the Traffic Act (i.e., self-driving on October 2, 2015), Article 152 Subparag. 1, and Article 43 of the Traffic Act (i.e., non-licensed driving on October 2, 2015), Articles 148-2 (1) 1, and 44 (1) (ii) of the Road Traffic Act concerning criminal facts;

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

1. Imprisonment with prison labor for each choice of punishment;

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