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(영문) 전주지방법원 2018.02.20 2016고단2435

도로교통법위반(음주운전)등

Text

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

Defendant is a person who has been issued by the Jeonju District Court a summary order of KRW 5 million on October 23, 2012, and a summary order of KRW 4 million on August 8, 2016, respectively.

On December 6, 2016, the Defendant driven a F EF rocketing car without a vehicle driver's license at approximately KRW 500 meters from the front road in Seojin-gu Seoul Special Metropolitan City around December 22:30, 201 to the front road of the E church located in the same Gu D, while under the influence of 0.142% alcohol concentration during blood.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and Punishment (Article 62(1)3 of the Criminal Act), even though the defendant had previously been punished several times due to driving of alcohol, taking into account various circumstances, such as the defendant's age and occupation, living environment, and driving distance while driving without a license even though he/she had been punished several times due to driving of alcohol.