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(영문) 창원지방법원 진주지원 2017.04.25 2016고단1229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On July 6, 2001, the Defendant was issued a summary order of KRW 300,000 for a fine of KRW 100,000 for a violation of the Road Traffic Act (non-licenseless Driving), the summary order of KRW 700,000 for a fine of KRW 1 million for a violation of the Road Traffic Act (drinkinging Driving) at the Changwon District Court on April 13, 2005 at the same court on July 22, 2006; the summary order of KRW 1 million was issued by the same court on September 5, 2007 for a violation of the Road Traffic Act (non-licenseless Driving); and on November 7, 2013, the Defendant was issued a summary order of KRW 300,00 for a fine of KRW 200,00 for a violation of the Road Traffic Act (non-driving Driving) at the Changwon District Court on November 5, 2015.

[2] On November 15, 2016, the Defendant, at around 00:10, driven a coo vehicle in C with alcohol content of about 0.180% under the influence of alcohol without obtaining a driver’s license from a section of about 200 meters from the front of the office of the office of the head of the office of the office of the office of the head of the office of the office of the head of the office of the office of the head of the office of the office of the head of the office of the head of the office of the Gu in Jinju,

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 of the circumstances of the driver involved in driving;

1. Written response to a request for appraisal;

1. A report on detection of a primary driver (the result of blood collection);

1. A driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions and investigation reports (a copy of the previous judgment, a copy of the summary order attached thereto), and the Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Traffic Act concerning facts constituting an offense;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection, the reason for sentencing under Article 62-2 of the community service order, - majority of the previous convictions

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