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(영문) 전주지방법원 2017.08.29 2017고단1289

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was issued by the Jeonju District Court with a summary order of KRW 1 million on March 27, 2012, and was sentenced to a fine of KRW 4 million on June 26, 2013, and was sentenced to a suspended sentence of KRW 1 million on April 11, 2017 and was sentenced to a suspended sentence of KRW 1 million on April 19, 2017.

On June 16, 2017, without obtaining a driver's license of a motor vehicle, the Defendant driven CPoter II cargo vehicle on the road of approximately 100 meters at approximately 262 meters from the front day of any restaurant located in the Seonsan-gu Seoul Special Metropolitan City, Seog-ro, Hong-ro, Hong-ro, under the influence of alcohol of 0.102% of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. The application of an inquiry letter, such as criminal history, and a report on investigation (the same criminal record and report of the suspect);

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of weight is that the defendant had already been sentenced to a fine and a suspended sentence due to drinking, non-licensed driving, etc. on several occasions. In particular, even though he/she had been under suspended sentence at the time of driving of the instant case, he/she again renders drinking, non-licensed driving, and other circumstances such as the defendant's age, occupation and living environment, the defendant's age and alcohol concentration and driving distance during blood, etc