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(영문) 창원지방법원 통영지원 2019.02.13 2019고단25
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On November 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tong branch on November 1, 2007; on June 26, 2009, the Defendant was issued a summary order of KRW 2.5 million for the same crime; on May 14, 2010, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act ( sound driving) and a crime of violation of the Road Traffic Act (licenseless Driving) at the Changwon District Court’s Tong Branch branch on July 19, 201; on July 27, 2018, the Defendant was sentenced to a suspended sentence of KRW 1,500,000 for a fine of KRW 5 million for the same crime; and on July 27, 2018.

【Criminal Facts】

On November 17, 2018, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a motor vehicle with approximately 10km Epic meters Epic meters from the front road to the front road of DIcs located in C while under the influence of alcohol on November 17, 2018 without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the report on the circumstances of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act refers to not only the defendant has been punished five times for the same crime, but also the defendant committed each of the crimes in this case since four months have not passed since he was sentenced to suspended sentence of imprisonment or probation, etc.

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