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(영문) 전주지방법원 2016.04.05 2015고단2019

도로교통법위반(음주운전)등

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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

On December 26, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and issued a summary order of KRW 4 million for the same crime at the same court on January 28, 2015.

On November 23, 2015, the Defendant driven a vehicle with a 500-meter B Spill site from the front day of the New Transportation Funeral in the Yellow-gu, Nowon-gu, Seoul Special Metropolitan City to the front day of the Home Stackers in the same Dong under the influence of 0.091% alcohol during blood, without obtaining a driver's license, at around 01:25, the Defendant driven a vehicle with a 500-meter alcohol level from the front day of the New Transportation Funeral Funeral in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Notification of the results of regulating the driving of alcohol, a report on the circumstances of the driver of a drinking alcohol, the appearance, uniforms, language, the result of attitude, and the ledger of the user of a drinking measuring instrument;

1. A report on internal investigation (recording, etc.);

1. The driver's license ledger;

1. Making teas;

1. Previous convictions: Application of the Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a report on investigation (in addition to the previous and summary order attached thereto);

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 the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Protection and observation, the reason for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the defendant: The court shall, as before the judgment, have served two times during the latest two years, the previous convictions, which served as a condition for sentencing under Article 51 of the Criminal Act; and