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(영문) 창원지방법원 거창지원 2017.09.20 2017고단229
도로교통법위반(음주운전)등
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 December 21, 2007, the Defendant was issued a fine of KRW 2 million for a violation of road traffic laws in the Changwon District Court's Changwon District Court's branch on December 21, 2007. On June 26, 2015, the Defendant was issued a fine of KRW 5 million for the same crime in the same court on June 26, 2015, and was in violation of the Road Traffic Act two or more times.

On July 14, 2017, around 19:45, the Defendant driven, through a D cafeteria located in C, from the front of Gyeongcheon-gun B, Chungcheongnam-do, to the front of the road, approximately 1km, and without obtaining a driver’s license, the Defendant driven the F Compressed vehicle under the influence of alcohol concentration of 0.145% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving under the influence of liquor, report on the detection of the driver under the influence of liquor, report on the circumstances of the driver under the influence of alcohol and report on the results of regulating the driving of alcohol;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (verification of records of criminal conduct in the same kind of defendant), and application of two copies of the summary order under the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Reduction of Quantity (the circumstances favorable to the defendant, such as the fact that the defendant, who led to the confession of the crime, reflects his/her mistake while committing the crime, that the defendant has no record of punishment heavier than that imposed before the suspension of execution, and that there is a family member to support);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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