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(영문) 창원지방법원 진주지원 2017.09.13 2017고단385
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 November 2, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on November 2, 2012, and on January 29, 2016, the same court issued a summary order of KRW 5 million for a crime of violating road traffic laws (drinking to take measurements of drinking), and on January 29, 2016, there are more records of violating road traffic laws (drinking driving).

On April 8, 2017, the Defendant, without obtaining a driver’s license, driven a BN Si-si car at the 4-km section from the Do in front of the land located in the Gyeong-gun, Sinnam-si, Busan-si, Sinsan-si, Sinnam-do, to the entrance of the Western village located in the So-ri-ri, Sin-si, Sin-si, Sinnam-do, the alcohol level of which is 00:30%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

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. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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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