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(영문) 창원지방법원 통영지원 2017.08.23 2017고단530
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 530] On January 13, 2009, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (driving) at the Changwon District Court’s branch on January 13, 2009. On March 16, 2009, the Defendant violated the prohibition of drinking, such as being sentenced to a fine of 1.5 million won due to a violation of road traffic law (driving) at the Changwon District Court’s branch on March 16, 2009.

On March 18, 2017, at around 22:00, the Defendant driven C 2 truck under the influence of alcohol leveling 0.05% from a section of about 10km to the front road of the juvenile training center located in the Gonam-si, Gyeongnam-si, Gyeongnam-si.

[2017 Highest 906] On January 13, 2009, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (driving) at the Changwon District Court’s branch on January 13, 2009. On March 16, 2009, the Defendant violated the prohibition of drinking, such as being sentenced to a fine of one million won or more due to a violation of road traffic law (driving) at the Changwon District Court’s branch on March 16, 2009.

On May 27, 2017, at around 01:03, the Defendant driven C Poter truck under the influence of alcohol content of about 1km from around 0.192% of alcohol while under the influence of alcohol without a driver’s license, to the roads in front of the same Sin-dong, which are located in the same cityn-dong, in front of the drinking road.

Summary of Evidence

[2017 Highest 530]

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Records of judgment: A reply to inquiry, such as criminal history, each investigation report (the suspect's drinking records or the same kind of force judgment);

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement report on the situation of the driver driving, the register of measuring instruments using drinking alcohol, and the register of driver's licenses;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, each investigation report (applicable to a suspect's drinking alcohol driving force, and a summary order with the same previous records of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime (the point of drinking) of the relevant Act;

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