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(영문) 창원지방법원 진주지원 2018.01.17 2017고단1021

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18:15, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.210% from the 50-meter section from the public playground parking lot to the public playground parking lot in the same Dong without obtaining a driver’s license, and thereafter, the Defendant driven the said car under the influence of alcohol content of about 0.210% from the blood alcohol level from the above public playground parking lot to the front side of the said public playground, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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. On-site photographs;

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (it shall be considered that the criminal records and one time have not been committed during the latest five years);

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;