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(영문) 전주지방법원 정읍지원 2016.02.02 2015고단588

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 22, 2007, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) in the support for the development of a water source method, and on November 7, 2013, issued a summary order of KRW 3,00,000 as a fine for the same crime with the red support of the Daejeon District Court.

On October 28, 2015, at around 20:20, the Defendant driven B car while under the influence of alcohol leveling 0.092% without obtaining a driver’s license from the section of the section of the section of the area from which the Road of the Republic of Korea is included in the section of the area from which the Road of the Republic of Korea is included in the section from around 300 to around 0.092.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A report on the circumstances of the driver who is placed in the main place and the statement on the circumstances of the driver;

1. An explanatory note;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a statement of inquiry about criminal history, report on investigation (report on criminal history of the suspect), application of 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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. When considering the fact that the defendant had been punished four times due to drinking driving of alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order and order to attend lecture, and the fact that the defendant has driven another drinking without a driver's license, the defendant should be punished strictly: Provided, That the fact that the defendant repents and reflects the mistake, the fact that the defendant has the wife and his/her father, the fact that the defendant must support the defendant, and the age of the defendant;