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(영문) 창원지방법원 진주지원 2017.06.13 2016고단1276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws at the Changwon District Court on September 24, 2009; on December 22, 2010, the defendant was issued a summary order of KRW 3 million for the same crime, etc. at the Changwon District Court Jinwon District Court on December 22, 2010; on January 28, 2015, the defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

6. The judgment becomes final and conclusive and is currently under suspension of execution.

[Criminal facts] On November 11, 2016, the Defendant driven a motor vehicle with low alcohol level of 0.078% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from approximately 2km section from the front of the Defendant’s house located in Hadong-gun, Hanam-gun, D to the front of the sports park located in D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of the report on the circumstances of a driver driving a drinking, notification of the results of crackdown on the driving of drinking, and the ledger of using measuring instruments;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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. Reasons for sentencing under Articles 40 and 50 of the Criminal Act - Circumstances unfavorable to the contrary: The majority of the crimes of the same kind, and drinking, driving without licenses, and favorable circumstances during the period of suspension of execution: A confession of and reflect on the crimes;

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