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(영문) 전주지방법원 2018.01.16 2017고단1862

도로교통법위반(음주운전)등

Text

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

around 18:40 on June 29, 2017, the Defendant driven B cargo while under the influence of alcohol leveling 0.252%, without obtaining a driver’s license, on a road located within approximately 500 meters away from the front of the Jinananananan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Seoul, to the front road of the Jinan-gun, Jinan-gun, Jinan-gun, Seoul, the Seoul District Court.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Article 148-2 (2) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense subject to the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The observation of the protection of Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 62(1)3 of the Criminal Act, and the sentencing of Article 62-2 of the Act on the Suspension of Execution under Article 62(1) of the Act on the Suspension of Execution of Punishment of Small Quantity, even though the defendant had previously been punished by a fine due to drinking driving, etc., taking into account various circumstances, such as the defendant's age, occupation, living environment, and driving under the influence of a fine without a license at the same time;