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(영문) 창원지방법원 진주지원 2018.10.23 2018고단983
도로교통법위반(음주운전)등
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 March 14, 2017, the Defendant was issued a summary order of KRW 1500,000,000 by a fine for a violation of the Road Traffic Act at the Changwon District Court's Jinju branch, and on August 16, 2017, the same court issued a fine of KRW 7 million for a violation of the Road Traffic Act.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions on August 3, 2018; and (b) again driven a BM3 vehicle while under the influence of alcohol content of at least 0.069% without obtaining a driver’s license in the section of about 2km from the front side of the dead rice village located in the gold-si area around August 3, 2018 to the front road of the gold-ro in the same area; and (c) was under the influence of alcohol content of at least 0.069% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Selection of imprisonment with prison labor chosen;

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 community service order: repetition of identical crimes (not more than three times within two years) - Circumstances favorable to him/her: A confession of a crime, reflectivity, or a criminal record of no less than

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