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(영문) 창원지방법원 진주지원 2018.03.27 2017고단735

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On February 16, 201, the Defendant was issued a summary order of KRW 2,50,000,000 for a fine of KRW 3.5 million for the same crime, etc. in the Jinwon District Court’s Jinju branch on July 25, 201, the Defendant was issued a summary order of KRW 3.5 million for the same crime, etc. in the same court on July 25, 201, and on August 30, 201, the Defendant was sentenced to two years of imprisonment for the same crime, etc. in the same court on August 30, 201 and became final and conclusive on September 7, 20

[2] On August 4, 2017, at around 20:40, the Defendant driven a Crash with Crash with alcohol level of about 0.142% while under the influence of alcohol level of 0.142% without obtaining a driver’s license from the head of the Si/Gun/Gu in the front of the restaurant to the same Eup/Myeon, and the head of the Si/Gun/Gu in the direction of the village.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving drinking, notification of the results of crackdown on driving drinking, and statement of the situation of the driver of drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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

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

1. Reasons for imposing selective sentence of imprisonment with prison labor - The same crime is committed again during the period of suspension of execution;