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(영문) 전주지방법원 군산지원 2016.11.11 2016고단700

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on August 18, 2013. On December 10, 2007, the Defendant was sentenced to a suspended sentence of 1.5 million won for a violation of the Road Traffic Act (driving) at the same court on December 10, 207.

around 21:50 on July 10, 2016, the Defendant driven a B Poteme car from the 10km section of 10km to the 41-2 front road of the Silsan-si, Jeollabuk-do under the influence of alcohol leveling 0.076% of blood alcohol level.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Around 16:30 on September 12, 2016, the Defendant driven B Hetete vehicle under the influence of alcohol concentration of 0.175% without the driver’s license on the section of approximately 3.5 km from the road in front of the Korean Pawal-dong in the Yawal-dong in the Yawal-dong in the Yawal-dong in the Yawal-dong in the Yawal-dong in the Yawal-si.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle without a driver's license under the influence of alcohol, who violated two or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of regulating drinking driving;

1. The actual condition survey report;

1. Previous convictions in judgment: Application of criminal records, investigation reports (a summary order and copies of judgment) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), subparagraph 1 of Article 152, and Article 43 of the relevant Act concerning the facts constituting an offense;

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

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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;