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(영문) 창원지방법원 진주지원 2017.05.23 2017고단67
도로교통법위반(음주운전)등
Text

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

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 24, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in Drinking) at the Changwon District Court's Jinju branch on November 24, 201, and on September 19, 2016, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

[2] On December 22, 2016, the Defendant driven the CM525 vehicle owned by CM525 vehicle, which is under the influence of alcohol of 0.108% in blood, without obtaining a driver’s license, from the 50-meter section from the International Rota-dong in Jin-si, Jin-si to the front of the rest area of the rest area of the rest area from the 50-meter section of the Republic of Korea, located in the same city valley, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant or B by the prosecution;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on criminal investigation (referring to the same type of previous convictions and summary order);

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

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

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. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The majority of the previous convictions and favorable circumstances: The confession of the crime, reflectivity, and the fact that the person has no previous convictions or any more

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