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(영문) 창원지방법원 진주지원 2016.06.21 2015고단624
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was punished for violating Article 44(1) of the Road Traffic Act on the following grounds: (a) a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act; (b) a summary order of KRW 2.5 million for the same crime in the same court on September 8, 2011; and (c) a summary order of KRW 5 million for the same crime in the same court on June 12, 2014; and (d) a person who received a summary order of KRW 5 million for the same crime in the same court on June 12, 2014.

1. On April 18, 2015, the Defendant driven a 3.5 tons truck with approximately 1.5m alcohol concentration at the section of approximately 0.143% while under the influence of alcohol without a vehicle driver’s license, from the front of the Posidong-si, Jin-si to the front road of the Domindo-si, the same city to the front road of the Domindo-si, the Do-si, the Do-si, the Do-si, the Do-si, the Do-si.

2. On June 7, 2015, the Defendant driven a C-wing truck with approximately 20km alcohol concentration of about 0.168% while under the influence of alcohol without a motor vehicle driver’s license, from the front of the funeral ceremony to the road located in the Si/Gun of Gyeongnam-gun, Chungcheongnam-gun, Daejeon Metropolitan City from the front of the funeral ceremony to the road located in the Gyeongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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