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(영문) 창원지방법원 진주지원 2016.10.25 2016고단834
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 4, 2010, and on July 18, 2016, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On August 7, 2016, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a motor vehicle of Category C owned by the Defendant under the influence of alcohol concentration of about 0.138% at the 300-meter section from the end point of the 35th parallel in Jin-si, Jin-si to the front side of the Dong-dong located in the same city road from the end point of the 35th parallel in Jin-si, Jin-si, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and application of the same summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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