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(영문) 전주지방법원 군산지원 2015.10.05 2015고단723

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million for the same crime at the Jeonju District Court on September 15, 2014, respectively.

On July 12, 2015, around 08:35, the Defendant driven a BSkn vehicle without obtaining a driver’s license in a section of approximately 500 meters of blood alcohol concentration from the front of the convenience shop in the same Dong from the front of the convenience shop to the front of the road, without obtaining a driver’s license, at approximately 0.223% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating an automobile without obtaining a license);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that there appears to repent and reflect wrongs, and that there is no past record of punishment except for the previous conviction in the judgment);

1. Article 62 (1) of the Criminal Act (Discretionary mitigation of these circumstances shall be taken into consideration);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;