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(영문) 전주지방법원 정읍지원 2016.10.25 2016고단391

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 23, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s support on November 23, 2006, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the same support on June 30, 2016.

【Criminal Facts】

Although the Defendant had been punished twice due to drinking driving, on August 19, 2016, the Defendant was in a state of suspension of the validity of driving license from around 600 meters in the section of approximately 600 meters from the front of the Belgium No. 11 to the front of the Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-dong, Gowon-do,

8. On 26. 26. Driving a car in column B while under the influence of alcohol 0.089% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that he commits an error and the fact that he commits a compliance operation);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;