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(영문) 창원지방법원 진주지원 2018.10.04 2018고단929
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On June 19, 2017, the Defendant was issued a summary order of KRW 3 million by a fine of KRW 3 million due to a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court's Jinju branch, and on February 5, 2018, the same court issued a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (dacting driving).

[2] The Defendant: (a) again committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; and (b) on June 29, 2018, the three persons located in the central market fish board located in Jin-si alternative Dong around Jin-si on the road located in the central market, which is located in the same city bewing-dong, from June 16:15, 2018, drive a two-wheeled automobile under the influence of alcohol content of at least 0.283% of alcohol during blood alcohol without obtaining a bicycle license from approximately 1km section to the front day of Y-si.

Summary of Evidence

1. Statement by the defendant in court;

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. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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 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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