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(영문) 창원지방법원 진주지원 2017.10.20 2017고단615

도로교통법위반(음주운전)

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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

On December 15, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking) in the Changwon District Court's Jinju branch on December 15, 201. On July 20, 201, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

On July 11, 2017, the Defendant, while drunk around 20:57, driven a motor vehicle under the influence of alcohol, again, in violation of the provision prohibiting driving of a motor vehicle under the influence of alcohol by driving two times or more at the 1km section of the 1km from the front of the Dolllet up to the road front of the same Dollle, a Doll up to the 1km road front of the Dollll up to the same Doll.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (compact filing of summary orders);

1. Relevant legal provisions, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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