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(영문) 창원지방법원 진주지원 2017.09.22 2017고단509
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 20, 2009, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) in the Jinwon District Court's Jinju branch on November 20, 2009, and on April 2, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) at the Changwon District Court's Jinju branch on April 2, 2015, and the Defendant was issued four criminal records of

On June 2, 2017, at around 18:0, the Defendant driven a motor vehicle at around 50 kilometers from the front of the Defendant’s residence in the Hanam-dong B to the front of the reputation frequency in the north-dong in the Gyeongnam-si, Chungcheongnam-do, Chungcheongnam-do, without obtaining a driver’s license. On the same day, the Defendant continued to drive the said motor vehicle at around 10 meters under the influence of alcohol concentration of about 0.89% from the blood alcohol level to the front of the road at around 2:35, 201 the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of a summary order of the same kind of force);

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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