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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1237

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 three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court on November 29, 2017.

【Criminal Facts】

On August 14, 2019, the Defendant, at around 22:15, driven a DNA strawing car from approximately 500 meters away from the front of a mutually aesthetic restaurant in the Gunsan-si B without obtaining a driving license to 0.113% of blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of summary order), and copies of the summary order Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor as a matter of choice (such as: (a) the fact that the person has been punished once due to drinking and driving without obtaining a license, and in particular, the blood alcohol concentration is higher than 0.113%; and (b) the fact that the person appears to continue to drive without obtaining a license after the driver's license was revoked in 2017 due to the circumstances;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the criminal conducts is recognized and reflected, the fact that there is no penalty heavier than the fine, and other consideration such as the age, character and conduct, family relationship, etc. of

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;