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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1177
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of one million won on June 11, 2014 to a crime of violating road traffic laws (drinking driving) at the Changwon District Court's Jinwon District Court's Jinju branch on June 11, 2014, and was sentenced to a fine of one million won on March 21, 2016 to a crime of violating road traffic laws (drinking driving) and was sentenced to a fine of one million and five hundred thousand won on March 21, 2016 to a person who has two times the records of the same crime.

[2] On June 27, 2017, the Defendant: (a) driven a Crash car while under the influence of alcohol content of about 0.088% from a section of about 300 meters of alcohol in the direction of the 300-meter radius to the front side of the 2nd door of the office building for viewing through a road located in the Gyeong-dong, Sin-dong, Sin-si, Gyeongnam-si, Gyeongnam-do; (b) around 21:25, the Defendant driven a Crash car in the state of under the influence of alcohol content of about 0.08% in the blood.

On August 13, 2017, the Defendant, “2017 Highest 1474, the Defendant, at the E convenience store located in Tong Young-si, 00:58 on August 13, 2017, the victim F(30 years), who is an employee, was her hand, and continued to have a sense of the victim’s discretion.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

"2017 Highest 1177"

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a intensity at the scene of a traffic accident, and a written statement of persons involved in a

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each report on investigation;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a report on investigation (the previous confirmation of the previous records), "2017 order 1474";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The punishment of the crime of driving under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is repeated.

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