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(영문) 창원지방법원 진주지원 2017.11.15 2017고단827
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On May 6, 2013, the Defendant received a summary order of a fine of three million won due to a violation of road traffic law (drinking) in the Jinwon District Court's Jinju branch on May 6, 2013, and on January 29, 2016, the Defendant received a summary order of a fine of six million won due to a violation of road traffic law (drinking) in the Jinwon District Court's Jin branch branch on January 29, 2016, and received

On September 9, 2017, around 03:22, the Defendant driven a vehicle BK5 vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of about 3 km from around 0.121% to the front road of the 2541 front of the 2541 motor vehicle along the road located in the South-west Sea, South-west, South-west, South-west, Seoul, without obtaining a driver’s license.

As a result, the defendant has already been punished for driving under drinking more than twice, but again he/she has been driving under drinking and driving without 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. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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