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(영문) 창원지방법원 진주지원 2017.09.27 2016고단880
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 September 20, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 20, 201, and on January 17, 2011, the same court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (unlicensed driving). On June 25, 2013, the same court issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and on August 18, 2016, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) on more than two occasions.

1. Around 00:30 on June 17, 2016, the Defendant, without a driver’s license, driven CM5 vehicles at approximately 200 meters in front of the “Sricheon-si, Sacheon-si, Sacheon-ro 13” on the roads before the “Yacheon-si, Sacheon-si, Sacheon-do,” located in 13, Gacheon-si, Sacheon-do, Gacheon-do, and the front parking lot located in 28, the same Eup history.

2. On August 3, 2016, the Defendant, without a driver’s license of a motor vehicle on August 3, 2016, driven CM5 motor vehicles at approximately 300 meters from 18:0 to 3,00 meters prior to the point at which the Jinju SM5 is south, as from 879, to 816, as the Jinju, as from 18:0 to 816, as the Jinju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license, and the ledger of driver's licenses of the person on August 8, 2016;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, an investigation report (report on the circumstances of the driver of drinking alcohol), and an investigation report;

1. The ledger of driver's licenses of June 20, 2016;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation report (referring to the same type of judgment and attachment of summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (amended by the Presidential Decree No. 2010, Aug. 3, 2016) (amended by the Presidential Decree No. 2010, Aug. 3, 2016) and traffic law violations (licensed driving) are more severe.

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