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(영문) 창원지방법원 진주지원 2017.07.19 2017고단230
도로교통법위반(음주운전)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving without a license) at the Changwon District Court's Jinju branch on October 8, 2010. On July 26, 2012, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving without a license) at the Changwon District Court's Jin branch, five previous criminal records, including the Defendant issued a summary order of KRW 5 million.

On February 28, 2017, at around 20:15, the Defendant driven B K3 cars under the influence of alcohol content of approximately 0.181% from the 5km section around the Jinsung (IC), located in the Jinnam-si in the same Si/Gu, to the front road of the death join located in the same Si/Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (attached sentences to summary orders, such as the same type of power);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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