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(영문) 전주지방법원 정읍지원 2016.11.10 2016고단399

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

1. At around 01:00 on June 22, 2016, the Defendant driven a Cystex kye under the influence of alcohol 0.060% while under the influence of alcohol, even though the license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license’s license is suspended at approximately 20km from the front of the

2. On June 22, 2016, around 04:50 on June 22, 2016, the Defendant was under the influence of alcohol 0.064% in blood alcohol concentration, even though the validity of the driver’s license was suspended from the front road of the Gangnam Police Station located in Gangnam-gu Seoul Metropolitan Government to the front road of the Hannam-ro 185, Jongno-gu, Seoul. However, the Defendant was under the influence of alcohol level 0.064%.

Summary of Evidence

1. Defendant's legal statement;

1. Each drinking driver's report on his/her parliamentary statement, a report on his/her primary driving, and a report on the results of the crackdown on drinking;

1. Application of the statutes on the register of driver's licenses;

1. The indictment under Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act as the applicable provisions of Articles 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning criminal facts are stated in the applicable provisions of Articles 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, but it is obvious that the motor vehicle, etc. driven by the defendant in a drinking state is not a motorcycle.

(Power of Unlicensed Driving)

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 between the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Driving), and each punishment is more severe);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution reflects the error of Article 62(1) of the Criminal Act, the criminal defendant is punished for the same kind of crime;