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(영문) 창원지방법원 진주지원 2018.11.13 2018고단1076
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 22, 2006, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the branch of the Busan District Court of the Dong, and on May 22, 2014, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act in the Changwon District Court of the Changwon District. On June 19, 2018, the Defendant was sentenced to a suspended sentence of one year and six months on June 27, 2018 and the judgment became final and conclusive on June 27, 2018 on two or more occasions.

[Criminal facts] The Defendant is a person who is engaged in driving a gallon B.

On April 29, 2018, the Defendant, without obtaining a driver’s license, driven a motor vehicle while under the influence of alcohol with approximately 0.259% alcohol concentration in blood at the section of approximately 100 meters in front of the creative village road located in Jinju-si, Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Recording recording recording and reporting;

1. Investigation report (report appended to photographs at the time of crackdown);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force and confirmation of the period of suspension of execution);

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. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Reasons for sentencing Article 39(1) and Article 55(1)3 of the Act to be imposed (the mitigation of imprisonment with prison labor for a limited period): Prohibition of re-driving of alcohol during a case involving a violation of the Traffic Act (the violation of the Traffic Act) - Circumstances favorable to the latter: The confession of the crime, the reflectivity, and the consideration of equity when the case is judged simultaneously with the crime of a violation of the Traffic Act on the road;

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