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(영문) 창원지방법원 거창지원 2017.08.23 2017고단182
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

On May 13, 2016, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of road traffic law in the Changwon District Court's Jinju branch on May 13, 2016 as well as a person who has violated the prohibition of drinking under the Road Traffic Act two or more times.

On June 10, 2017, the Defendant, at around 20:34, driven a gallon in the state of alcohol concentration of 0.194% while under the influence of alcohol while under the influence of gallon, without obtaining a driver’s license, at approximately 60km section from the front of the west Village, which is located in the Gyeongnam Development-gun, to the front of the entrance of the non-solided village located in the Jinnam-si, Jinin Asbestos C.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. The driver's license ledger;

1. Each investigation report (in the case of Defendant's blood alcohol concentration trend);

1. Before judgment: Application of the provisions of 4-year Acts and subordinate statutes to inquire about criminal history and summary order;

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 62 (1) of the Criminal Act on the stay of execution ( normal conditions favorable to the defendant, such as the fact that the defendant has been mistakenly recognized and that there exists no record of punishment heavier than that imposed before the suspension of execution);

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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