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(영문) 창원지방법원 거창지원 2018.12.19 2018고단265
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On November 27, 2017, the Defendant was notified by the Changwon District Court of a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving). On December 16, 2013, the Defendant was notified of a fine of KRW 4 million for the same crime in the same court.

[2] The Defendant, as seen above, committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions, driving a breab while under the influence of alcohol leveling 0.18%, without obtaining a bicycle license from approximately 2 km section to the road located in approximately 30-5 degrees from the front side of the Defendant’s house located in Gohap-gun, Gohap-gun, Nam-gun around June 2, 2018 to the red side of the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A written opinion, a report on the situation of driving at home, a report on the investigation (Attachment to the 112 Report), a report on the situation of the driver at home, a report on the investigation (the situation of the driver at home), a report on the results of crackdown on the driver at home, a report on the investigation (the situation at time of dispatch, etc.), a ledger of driver's license, a report on investigation (the arrival of the driver at home and abroad), a report on the investigation (the investigation of the driver at home and abroad), a report on the investigation (the attachment to the list of the case at home and abroad), a report on the investigation (the correction at home and abroad),

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (a similar judgment of the same kind), and application of a copy of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (a license for a bicycle driver) and the crimes of violating the Road Traffic Act, and punishment provided for the crimes of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the observation of protection, order to attend lectures and order to provide community service order.

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