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(영문) 창원지방법원 진주지원 2016.02.03 2015고단1134
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[2015 Highest 1134] On November 19, 2013, the Defendant was sentenced to a fine of KRW 1 million due to a violation of road traffic law (dacting driving) in the Changwon District Court’s Jinju branch on November 19, 2013. On July 10, 2014, a summary order of KRW 1.5 million was issued to the same court for the same offense, and a summary order of KRW 8 million was issued in the same court on August 13, 2015.

On October 17, 2015, the Defendant: (a) from the front of the restaurant in which it is impossible to know the trade name on the erode of Jinju-si; (b) around that time, from the front of the restaurant in which it is impossible to identify the name on the erode of Jin-si; and (c) around 22:50 on the same day, from the front of the new erogate in the Southern-gu Busan-dong, Nam-gu, Busan-gu, to the front of the drinking water in Busan-dong, around 120km in total, from the 120km section of the blood alcohol concentration to the front of the drinking water in the Southern-dong of the Busan-gu, Seo-gu, Busan-gu, and (d) operated B Lone Star Dok

[2015 Highest 1311] On October 16, 2015, the Defendant driven the Bone Star Track Track Track Track Track, without a vehicle driver’s license, at around about 500 meters from the front of the Defendant’s house in Jin-si, via a road near the D Stack Stack Stack, located in C at around 18:10 on October 16, 201.

Summary of Evidence

[2015 Highest 1134]

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry into the results of regulating drinking driving, report on the situation of driving a driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and the text of judgment [2015 order 1311];

1. Statement by the defendant in court;

1. Application of enforcement manual and Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Road Traffic Act and a violation of the Road Traffic Act (Non-licensed Driving) by October 17, 2015);

1. Selection of penalty:

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