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(영문) 창원지방법원 진주지원 2017.11.30 2017고단933
도로교통법위반(음주운전)
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 5, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on February 5, 2009, and on March 9, 2017, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

On October 17, 2017, the Defendant, while under the influence of alcohol 0.108% during blood transfusion, driven a diversh motor vehicle at approximately 500 meters away from the section B at approximately 500 meters from the front of a restaurant where it is impossible to find out the trade name in the gold-si Scurg in Jin-si, the gold-si, the head of which is the gold-si, in a state of alcohol concentration of 0.108%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (referring to the same criminal records and reports);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, and Articles 148-2 of the same Act and the imprisonment with prison labor;

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. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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