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(영문) 창원지방법원 진주지원 2017.11.14 2017고단521
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On February 7, 2012, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 5 million for the same crime in the same court on December 15, 2015, respectively.

[2] On July 11, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on July 22:28, 2017, driven a B rocketing motor vehicle at a distance of about 2 km from 70 meters to the road front of the station located in the same Eup/Myeon through the same Eup/Myeon at the center of the Gyeongnam-gu, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into the partnership of the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of previous convictions and attachment of summary order);

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: The act of committing a crime before and after the same kind of offense, even if there are two times favorable circumstances: A confession and reflectivity

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