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(영문) 창원지방법원 진주지원 2018.06.22 2017고단1221
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 26, 2010, the Defendant was sentenced to a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) in the support by the Suwon-gu District Court of the Republic of Korea on April 26, 2010; on January 19, 2012, a fine of 6.5 million won due to a violation of the Road Traffic Act (driving) at the Changwon-gu District Court of the Republic of Korea on July 24, 2013; and on July 12, 2014, the Defendant was sentenced to imprisonment of 6 months with labor for a violation of the Road Traffic Act (driving) and 2 years of suspended sentence; on August 12, 2014, the Busan District Court of the Republic of Korea sentenced one year and four months of imprisonment with labor for a violation of the Narcotics Control Act (or a violation of the Road Traffic Act) at the Busan District Court of the Republic of Korea on October 16, 2014; on May 16, 2017.

The Defendant violated the foregoing provisions on the prohibition of driving under the influence of alcohol twice or more, and driven a FM business car in the state of alcohol with approximately 0.140% alcohol concentration in approximately 10 meters from the front side of the entrance of the C apartment at Jinju-si to the front side of the E elementary school located D, on October 27, 2017 without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. An explanatory note;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (report on the results of confirmation of the previous convictions of the disposition, the records of the same crime, and repeated crimes);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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