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(영문) 창원지방법원 진주지원 2016.08.30 2016고단709

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 November 15, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Changwon District Branch, or for a crime of violating the Road Traffic Act (driving). On June 13, 2016, the Defendant was a person who had the record of being issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Changwon District Court's Jinju Branch Branch on November 15, 2013 and has the record of driving alcohol at least twice.

On June 18, 2016, the Defendant driven B rolling stock within two kilometers from the 2nd km of the light remote distance located in the same city where he/she was under the influence of alcohol of 0.108% during blood during the suspension period (from April 8, 2016 to June 18, 2016) during the suspension period of driver's license for a motor vehicle (from April 8, 2016 to the day on which June 18, 2016).

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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;