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(영문) 창원지방법원 진주지원 2017.10.20 2017고단621
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

The Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million from the Daegu District Court on May 20, 2008 to a fine of KRW 1 million for a crime of violating the Road Traffic Act; a summary order of KRW 1.5 million from the Changwon District Court on February 10, 201 to the same crime; and a summary order of KRW 5 million from the same court on October 30, 201 to a fine of KRW 5 million for the same crime, respectively.

On July 26, 2017, the Defendant driven B automobiles under the influence of alcohol content of 0.100% during blood without a driver’s license at approximately 500 meters from the main points located in the Jinju-si Island around 01:42 to the 14th day of 1108 Jin-si, as in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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