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(영문) 창원지방법원 진주지원 2020.02.12 2019고단1353
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 19, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 19, 201.

On September 16, 2019, around 00:10, the Defendant driven a D Poscop-down truck with approximately 500 meters alcohol concentration 0.268% under the influence of alcohol without a driver’s license at a distance of about 500 meters from the front of the Bri-si Bri-si to the front of C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of driving under the influence of sound), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving without a license);

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation, community service order, or order to attend a lecture: The state of low blood alcohol level with the reason of sentencing under Article 62-2 of the Criminal Act is running without a license;

The accident caused water-related accidents.

However, crimes are recognized.

Other factors such as driving distance shall be taken into account.

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