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(영문) 창원지방법원 진주지원 2017.11.07 2017고단655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On January 24, 2013, the Defendant was punished for drinking driving three times as well as receiving a summary order of a fine of one million won due to a violation of road traffic law in the Jinwon District Court's Jinju branch.

[Criminal facts]

1. On June 22, 2017, at around 03:20, the Defendant driven C-Wts’ automobiles in the state of alcohol with approximately 300 meters alcohol concentration at approximately 0.162% from the front day of the other Dog-dong-si, the other Dog-dong-si, to the front day of the said home-plug.

2. On July 16, 2017, around 05:20, the Defendant driven the said benz car under the influence of alcohol content of about 500 meters from a 500-meter section from the front road to the front road of the Jinju Police Station other than the Jinju Police Station.

As a result, the defendant had already violated the prohibition on drinking at least twice, and again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement under the circumstances of the driver involved in the relevant driving;

1. Each investigation report (main driver's circumstantial report);

1. A response to a request for appraisal and a written appraisal;

1. A report on the detection of a primary driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal record and summary order), application of Acts and subordinate statutes;

1. Articles 148-2(2)2, 44(1) (not less than 0.1% but less than 0.2% of alcohol in blood) and 148-2(1)1 and 44(1) (not less than 3 times of alcohol) of the relevant Act on the grounds of criminal facts, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;

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