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(영문) 창원지방법원 진주지원 2017.12.05 2017고단706
도로교통법위반(음주운전)등
Text

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 history] On April 3, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jinwon District Court’s Jinju branch on April 3, 2013, and on September 19, 2016, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On August 18, 2017, the Defendant, while under the influence of alcohol at around 09:24, driven a DNA motor vehicle at a level of approximately 700 meters from the modern studio front road in Jinju-si to the front road of Jinju-si without obtaining a driver’s license, instead of having a vehicle in the same speed from the modern studio front road in Jin-si to the front road of Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances and investigation report 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 driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and report);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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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