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(영문) 창원지방법원 진주지원 2016.05.17 2016고단240
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 November 12, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court Jinwon District Court on November 12, 2010. On September 12, 2013, the Defendant issued an electronic summary order of KRW 4 million for a crime of violating road traffic laws (drinking to take measurements of drinking), and on November 6, 2013, the same court issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking to drive alcohol).

On March 29, 2016, the Defendant driven a B-Tech car owned by the Defendant under the influence of alcohol content of 0.131% while under the influence of alcohol, without obtaining a driver’s license from around 200 meters to the middle road of the same village, on the roads near the entrance of the grix village in the grown-gu, Jin-si, Jin-si, Seoul, to the middle road of the same village.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in the driving, report on detection of the driver involved in the driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same summary order);

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. 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. An order to attend a course under Article 62-2 of the Criminal Act;

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