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(영문) 전주지방법원 2018.03.20 2017고단2290

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

[criminal history] On September 11, 2007, the Defendant was sentenced to a fine of five million won on the grounds of the violation of the Road Traffic Act (drinking driving) and the violation of the Road Traffic Act (licensed driving) at the Gunsan Branch of the Jeonju District Court on September 11, 2007, and a fine of five million won on October 20, 201, respectively. < Amended by Act No. 12821, Oct. 20, 2014>

[Criminal facts]

1. On November 4, 2017, the Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), was punished twice due to drinking as above. On November 15, 2017, the Defendant driven a motor vehicle without a registration number from the front side of the Cheongwon Elementary School located in the city to the front side of the D’s residence located in the same city without a bicycle driver’s license while under the influence of alcohol 0.22% in alcohol during blood.

2. The owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate the automobile covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile, which did not purchase mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 among the reasons for sentencing)

1. Article 62 of the Criminal Act: