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(영문) 창원지방법원 진주지원 2017.10.18 2017고단313
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2007, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Changwon District Court on the following grounds: (a) on February 16, 201, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Jinwon District Court on the grounds of a violation of the Road Traffic Act; and (b) on November 7, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the Jinwon District Court on the grounds of a violation of the Road Traffic Act at the Jinwon District Court on the grounds of a violation of the Road Act (d

On December 31, 2016, around 23:35, the Defendant driven the CK7 car owned by the Defendant, who was not covered by mandatory insurance at approximately 0.215% of alcohol content from the front of the parking lot to the front road of the same 300 meters away from the 300-meter section before the parking lot, to the front road of the same lighting.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Statement of the circumstances of driving at home;

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

1. Inquiry into mandatory insurance;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report attached to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same 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. Selection of imprisonment with prison labor chosen;

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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