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(영문) 전주지방법원 남원지원 2016.11.08 2016고단181

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 23, 2006, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Southern District Court's Southern Branch, and on July 11, 2014, the Defendant was issued a summary order of 5 million won of a fine for the same crime at the same court on July 24, 2014, and on December 24, 2014, the same court issued a summary order of 7 million won of a fine for the same crime, etc. at the same court on August 18, 2015, and was sentenced to a suspended sentence of 8 months of imprisonment for the same crime, etc. at the same court on August 18, 2015, and the judgment became final and conclusive

【Criminal Facts】

On June 29, 2016, the Defendant, without obtaining a driver’s license at around 21:44, driving a C-wing truck at the section of about 5 km from the K Center located in the territorial waters located in the territorial waters located in the territorial waters located in the Jeonbuk-gun, Jeonbuk-gun, in the state of alcohol concentration of 0.179%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the fact that the current stay of execution is being a suspect and a copy of a summary order of the same past record is attached);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, while having been subject to the four times criminal punishment due to a drunk driving, has engaged in drinking or unlicensed driving, was in the period of suspension of execution, and the blood alcohol concentration in the instant case was high and the Defendant appears to have driven in the state of drinking, such as speech and walking or walking condition was not normal at the time of detection, sentence is highly likely to be subject to criticism.