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(영문) 전주지방법원 2016.07.05 2016고단201

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On April 15, 2014, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million at the Jeonju District Court for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving), and on September 8, 201, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving), in addition to the issuance of a summary order of KRW 700,00,000 for a violation of the Road Traffic Act, two times more.

[2] On January 9, 2016, around 21:30, the Defendant: (a) driven D rocketing car under the influence of alcohol level of 0.133% while under the influence of alcohol level of 0.13% without obtaining a driver’s license from around the 1.2km section to the same Eup/Myeon/Dong-ro 83 four km road; and (b) around January 9, 2016, the Defendant driven D rocketing car under the influence of alcohol level of 0.13%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and 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. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Grounds for protection and observation, community service and order to attend lectures - Circumstances unfavorable to the accused: The extent of the principal practice and the degree of the principal practice - The circumstances favorable to the accused: serious reflectness, excessive previous convictions, and no other conditions for sentencing prescribed in Article 51 of the Criminal Act are comprehensive;