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(영문) 창원지방법원 진주지원 2018.10.04 2018고단908
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal record] On September 11, 2013, the Defendant was issued a summary order of KRW 3 million on the grounds of a violation of road traffic law at the Jinwon District Court's Jinwon District Court's Jinwon District Court's Jinju branch office on September 11, 201, and a fine of KRW 3 million was issued on January 9, 2014.

[2] On July 21, 2018, the Defendant: (a) while under the influence of alcohol at around 01:16, the Defendant driven a B-A-D motor vehicle at approximately 100 meters from the front Do in the city of Jinju to the front road of “fluence” located in the same Dong located in Jinju-si, while under the influence of alcohol at around 0.176%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, accident scene, and vehicle photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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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