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(영문) 창원지방법원 진주지원 2018.01.23 2017고단934
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On September 3, 2013, the Defendant was sentenced to a fine of KRW 6 million due to a violation of road traffic laws in the Jinwon District Court's Jinju branch on September 3, 2013, and on April 19, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic laws (driving) at the same court on April 19, 2013, and was issued five previous drivers of the same drinking.

[Criminal facts] On October 7, 2017, the Defendant driven CM5 vehicles at approximately 500 meters from the front side of the Jinju restaurant located in Jinju-dong at Jinju-si to the front road of the Gainsan Oil station located in the same Dong, while under the influence of alcohol level of 0.193% among blood transfusion around 18:50 on October 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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. Response to a request for appraisal, or a report on detection of a primary driver (the result of blood collection);

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. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 community service order: Cumulatively committing the same kind of crime - Circumstances favorable to them: confession of and reflect on the crime;

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