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(영문) 전주지방법원 군산지원 2017.08.18 2017고단679

도로교통법위반(음주운전)등

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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

On August 9, 2012, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic laws in the Jeonju District Court's Gunsan Branch. On April 12, 2017, the Defendant received a summary order of a fine of five million won for the same crime in the same court.

On May 26, 2017, the Defendant driven a Chand car with alcohol content of about 3.2 km from the front of the mutual influence road in the Sinsan Sinsan Port to the front of the military logistics in the same Sinsanbuk-dong.

As a result, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The criminal place;

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

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

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;