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(영문) 창원지방법원 진주지원 2017.09.12 2017고단437

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[Power of crime] The Defendant received a summary order of KRW 3 million from the Suwon District Court on June 5, 2008 as a crime of violating the Road Traffic Act (driving on Drinking), and the summary order of KRW 5 million from the Changwon District Court on April 8, 2016 to the same crime, respectively.

[2] On April 21, 2017, the Defendant: (a) driven a cscam car under the influence of alcohol concentration of about 0.096% without a driver’s license, from the front parking lot of the scam restaurant located in the scam of Scam-si, Scam-si, Scam-si, to the front road of the scam-si, Jin-si, Jin-si, the Defendant: (b) drive a cam-car without a driver’s license, in the direction of about 2km from the scam

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (a confession of a crime, and there shall be no previous conviction or more than half of a stay of execution);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;