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(영문) 전주지방법원 2018.10.23 2018고단1422

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 27, 2016, the Defendant received a summary order of KRW 1,50,000,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act (driving). On October 24, 2017, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

[2] On June 19, 2018, at around 23:50, the Defendant driven a Dice-type car under the influence of alcohol concentration of 0.127% while under the influence of alcohol without obtaining a driver’s license from about 20 meters to about 12-1-lane 1-22 from the roads in front of the Yannam-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, the Defendant: (a) drive a Dice-type car in the influence of alcohol concentration of 0.127% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement report on the situation of the driver at the main place and investigation report;

1. A report on traffic accidents and a survey report on actual condition;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including community service and lecture attendance order, was that the Defendant, despite having been punished twice due to drinking alcohol driving, was driving under the influence of alcohol in a state of unauthorized license.

However, the fact that the defendant does not longer repeat the crime, the fact that there is no record of crime exceeding the fine, and other circumstances such as the defendant's age, sex, criminal conduct, circumstances after the crime, etc. shall be determined as the same as the order.