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(영문) 창원지방법원 진주지원 2018.04.24 2017고단1119
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 10, 2009, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court, on November 9, 2010, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Jinwon District Court's Jinwon District Court's Jin Branch, and on November 12, 2012, a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) was issued, respectively.

[Criminal facts] On November 25, 2017, the Defendant driven B rocketing car at a section of about 300 meters from the 300-meter radius to the water course located in the same dong-dong with the alcohol level of 0.098% under the influence of alcohol during blood transfusion around 18:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs of the scene of the accident;

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

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 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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