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(영문) 전주지방법원 군산지원 2016.08.24 2016고단532

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 1, 2005, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on January 22, 2009, the same court was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act. On July 7, 201, the same court was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.

[2] On May 11, 2016, the Defendant: (a) driven a Category C truck under the influence of alcohol content of 0.239%, without obtaining a driver’s license from around 15:25 around 15, 2016, to about 1km from the front of the Sinsan-si, Sinsan-si, to the Gucambing distance in the same time.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification report on the history of punishment for driving the same kind of drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that even though the defendant had a record of criminal punishment several times including the suspended sentence of imprisonment for the same kind of crime, he/she again commits the instant crime, and the amount of alcohol concentration in the blood of this case reaches 0.239%.