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(영문) 창원지방법원 진주지원 2018.12.11 2018고단1160
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 October 11, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s Jinju branch on October 11, 201, and a summary order of KRW 6 million as a fine in the same court on October 4, 2016, respectively.

[2] On September 4, 2018, the Defendant driven a motor bicycle at approximately 600 meters away from the Do in front of the New Emcke office located in the Yellow-gu Seoul Metropolitan City, Busan Metropolitan City, Chungcheongnam-do to the front road of the same Eup/Myeon from September 4, 2018 without obtaining a motor device license with a alcohol level of at least 0.085% of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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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