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(영문) 전주지방법원 군산지원 2018.12.19 2018고단1019

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 19, 2017, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court on December 19, 201, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Jeonju District Court on February 20, 2018.

On August 5, 2018, the Defendant driven a CK5 car in the section of about 3 km to the cK-beon-Tool site near the mountain site located in the mountain area northwest-do, the northwest-do, 0.01% alcohol level in the blood alcohol level without obtaining a driver's license on August 16, 2018.

As a result, the Defendant once or more under the influence of alcohol driven a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the register of driver

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation report (verification of the same judgment against the suspect), - Application of summary order statutes, including high-level 7351, etc. to the former local court;

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 Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture had two times the record of punishment by the defendant due to drinking driving, the fact that the defendant again committed the crime of this case is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects his mistake.

The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.