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(영문) 창원지방법원 진주지원 2016.08.09 2016고단601

도로교통법위반(음주운전)등

Text

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 April 4, 2011, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court's Jinju branch on April 4, 201, and on April 23, 2015, issued a summary order of KRW 7 million by the same court due to the same crime, etc.

On June 17, 2016, at around 20:53, the Defendant driven B kick truck with alcohol content of about 0.170% while under the influence of alcohol while under the influence of alcohol at about 300% without obtaining a driver’s license from the Do in front of the hole in which it is impossible to know the trade name behind the love apartment located in the Singu-gun, Busan Metropolitan City, Chungcheongnam-gun, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same summary order);

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

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

1. Imprisonment with prison labor chosen;

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. An order to attend a course under Article 62-2 of the Criminal Act;