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(영문) 창원지방법원 진주지원 2018.10.23 2018고단977
도로교통법위반(음주운전)
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

On June 1, 2007, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on June 1, 2007, and on November 18, 2009, the Defendant was issued a summary order of a fine of three million won for the same crime in the same court.

[2] On June 26, 2018, the Defendant driven a B-e-sports motor vehicle at the section of about 30 meters from the front side of the “Greshing Party” located in Jinnju-dong at Jinju-dong to the front side of the “Sreshing actual cost” located in Jinju-dong, while under the influence of alcohol level of 0.161% among blood transfusion around 22:00.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 social service order: Confession of the same crime - Circumstances favorable to the same crime: The confession of the crime, reflectivity, or the suspension of execution

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