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(영문) 창원지방법원 진주지원 2016.08.30 2016고단628

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 February 16, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Changwon District Court Jinwon Branch on February 16, 201, and the Defendant was issued a summary order of KRW 3.5 million for the same crime in the same court on July 25, 201.

On June 26, 2016, the Defendant, without obtaining a driver’s license, driven a Bracing vehicle while under the influence of alcohol content of about 0.178% at a section of about 300 meters from a 300-meter radius to the front road of the branch office of the Busan Metropolitan City and Fisheries Corporation located in the same Eup/Myeon from the “head of the Busan Metropolitan City Office,” located in the Busan Metropolitan City, Chungcheongnam-do.

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: Inquiry about criminal history and application of the same summary order Acts and subordinate statutes;

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;