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(영문) 창원지방법원 진주지원 2017.08.30 2017고단345

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 4, 2009, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of road traffic law in the Changwon District Court's Jinju branch on December 4, 2009, and on May 21, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on May 21, 2013, and on two or more occasions, such as being sentenced to a fine of two million won or more.

On April 21, 2017, the Defendant driven B cargo at a distance of about 10 meters from a distance of about 0 meters to the front of the entrance of the entrance of the mouth in the same side, which is located at the front of the Jinju-si, Jinju-si (hereinafter referred to as “Yin-si”), with alcohol concentration of 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

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

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;