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(영문) 전주지방법원 2018.09.06 2018고단201

도로교통법위반(음주운전)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of two years on April 13, 2016 by the Jeonju District Court on April 5, 2016 for a violation of road traffic law (dacting driving), and the judgment became final and conclusive on April 13, 2016.

The written indictment states that “Defendant A was sentenced to six months of imprisonment due to a violation of road traffic law (drinking) at the Jeonju District Court on September 26, 2016, and the judgment became final and conclusive on June 2, 2017” (Article 1543 of the High Court Order 2016). However, due to the above criminal record judgment, Defendant A cannot be concurrently judged with the criminal facts stated in the written indictment and the criminal facts of this case. Thus, the part on the criminal record shall be revised as above.

B. Although he also stated criminal records of Defendant B's repeated crime, the part of the crime of special bodily injury which is found guilty is subsequent to the 3 year period of repeated crime, which is the period of repeated crime, this part of the crime records are deleted.

[2] Criminal facts. Defendant A 1,50,000 won as a crime of violation of the Road Traffic Act at the Jeonju District Court on December 26, 2013, Defendant A driven an automobile with a fine of KRW 1,50,000,000,000 as a person who had been sentenced to a fine of KRW 4 million for the same crime in the same court on January 28, 2015, and had been driving two or more times on August 30, 2015, and who had been able to drive under drinking on two or more occasions, from the act of influence in the trade influence of the Seog Seo Seo-gu Seo-gu Seoul Metropolitan City to the front day of “H” in the same Gu G, without a driver’s license.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

At around 07:00 on April 21, 2018, Defendant B: (a) discovered that the Defendant was a male living with the Defendant’s wife on April 21, 2018; (b) discovered that the Defendant was a man living with the Defendant’s wife (24 years old); and (c) laid the victim’s face by gathering an empty beer who was a dangerous object.