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(영문) 창원지방법원 진주지원 2018.10.16 2018고단441
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On December 10, 2012, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 1,00,000,000,000,000,000,000 from the Changwon District Court to a crime of violating the Road Traffic Act (driving), on December 1, 2014; on December 29, 2014, the summary order of KRW 7 million was issued from the Changwon District Court to a fine of KRW 1,00,00,000 for a crime of violating the Road Traffic Act (driving), and on August 10, 2017, a summary order of KRW 5,00,000,000 was issued from the Seowon District Court branch of the Busan District Court to a fine of KRW 1,00,00,00,00

[2] On March 19, 2018, the Defendant driven a Dent vehicle with a alcohol level of 0.155% under the influence of alcohol level, without obtaining a driver’s license from the front of C in the city of Sacheon-si around 23:24, 2018 to the road of 89 in the center of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An explanatory note;

1. On-site photographs;

1. The driver's license ledger;

1. Investigation report (the analysis, etc. of black boxes);

1. Investigation report (specific hours during which drinking alcohol is driven, etc.);

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the criminal experience of the suspect in the same kind of crime);

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

1. Selection of imprisonment with prison labor chosen;

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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