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(영문) 전주지방법원 군산지원 2016.07.06 2016고단358

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in the Jeonju District Court’s Gunsan Branch, and three million won as a fine in the same court on January 13, 2014, respectively.

On April 16, 2016, at around 23:30, the Defendant driven B car without obtaining a driver’s license from the front road of the Gabdo, the B car under the influence of alcohol with approximately 0.198% alcohol concentration in blood, from around 3km to the front road of the 1st apartment of the 1st apartment located in the Dong-dong at the same time as the 23:40 on the same day.

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. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history, report on criminal investigation (report on previous convictions and confirmations)-related Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Suspension of Execution Act provides that a defendant who has been punished several times due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act shall be deemed to have driven without a license. However, although the nature of the crime is minor, the defendant shall be deemed to have recognized his/her mistake and against himself/herself, the defendant has no record of being punished exceeding the fine due to the same kind of crime, and the defendant's age, sex behavior, environment, etc. shall be determined by taking into account all circumstances constituting