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(영문) 창원지방법원 진주지원 2015.11.17 2015고단529

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 529] The Defendant was punished for violating Article 44(1) of the Road Traffic Act on January 16, 2009, by issuing a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Jinwon District Court's Jinju branch on January 16, 200, and on May 29, 2014, the same court issued a summary order of KRW 3 million for the same crime, respectively.

On November 16, 2014, at around 22:30, the Defendant driven a c-hurburged car with approximately 100 meters alcohol concentration of 0.108% under the influence of alcohol without a vehicle driver’s license from the front day of the packing string, where it is impossible to identify the trade name located in the central road of Jinju-si, Seoul-si to the front day of the store of “lefin” located in the same Dong around that time.

[2015 Height954] On September 17, 2015, the Defendant driven a Drenk car without a motor vehicle driver’s license from around the front of the construction office in the Bupyeong-gu, Pyeongtaek-gun, Gangseo-gun, Gangseo-gu, Gangseo-gu, Gangwon-do, to around 200 meters away from around 200 meters to the front of the Drenk Kim Chang-gun, Gangwon-do.

Summary of Evidence

[2015 Highest 529]

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal history records, investigation reports (Attachment to a summary order of the same kind of power), summary orders [2015 Heights954];

1. Defendant's legal statement;

1. The register of driver's licenses (A): Revocation;

1. Application of regulations, manuals, and photographs of unauthorized Drivers Control Area Acts and subordinate statutes;

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; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act on November 16, 2014, and a violation of the Road Traffic Act with heavier punishment);

1. Selection of penalty: