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(영문) 창원지방법원진주지원 2020.08.12 2020고단1080
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2020, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on April 24, 2020.

On June 9, 2020, the Defendant, without a driver’s license on June 23:21, 2020, driven a motor vehicle under the influence of alcohol concentration of about 0.149% in the section of about 3 km from the funeral hall parking lot of D Hospital Hospital in the same city B apartment site in the same city B, Jinju-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Registers of driver's licenses;

1. Photographs and a list of 112 reported cases;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession and punishment power);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;

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