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(영문) 창원지방법원 진주지원 2017.01.24 2016고단1124
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On January 16, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju Branch on February 5, 2009, and was sentenced to a summary order of KRW 1 million for the same crime at the same court on July 23, 2013 and received a summary order of KRW 3 million for the same crime at the same court on July 23, 2013, and was sentenced to a summary order of KRW 3 million for the same crime at the Changwon District Court on January 13, 2017 and became final and conclusive on January 21, 2017.

1. On November 9, 2016, the Defendant driven a B car under the influence of alcohol with approximately 0.062% alcohol concentration around the blood transfusion without the driver’s license on November 9, 2016, in the section of approximately 1km from the Ggalsian department store near Jinju-si to the front of the Dong-dong building located in the same Sindong-dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and re-driving or non-licensed driving.

2. On November 14, 2016, the Defendant driven the said car rental car without a driver’s license on November 14, 2016, from around 13:55, to the wester located in the same city personnel zone from the Do in front of the new meat restaurant at Jinju-si, Jin-si, to the wester located in the same city personnel zone.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiry of criminal history, investigation reports, and application of the same summary order Acts and subordinate statutes;

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

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

1. Imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of a long-term sum of punishments) of the Criminal Code to increase concurrent crimes;

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