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(영문) 창원지방법원 진주지원 2016.10.11 2016고단792
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

On May 15, 2008, the defendant was sentenced to the suspension of the execution of the imprisonment for six months due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court's Jinju on May 15, 2008, and on March 18, 2009, the same court issued a summary order of KRW 5 million as a fine for the violation of the Road Traffic Act.

1. On June 11, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) drive Cone Star under the influence of alcohol at approximately 0.117% in a section of approximately one kilometer for the head of Si/Gun/Gu, which is located in the same side as the Do in front of the irrigation village located in the Geum-si in Jin-si, Jin-si, and the head of Si/Gun/Gu.

2. On June 15, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving the C Costex in a section of approximately two kilometers from the Do in front of the ornamental village in the Geumsi-si, Jinju to the front of the fishery road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, summary orders of the same kind, and application of Acts and subordinate statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that probation, community service, and lecture attendance order had the record of being sentenced two times of suspended sentence for a crime of the same kind of punishment under Article 62-2 of the Criminal Act, and the crime of this case has been committed again despite the fact that it had been punished several times of fines, it is necessary to sentence the defendant as a sentence.

However, this Court shall have the effect.

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