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(영문) 전주지방법원 2018.12.18 2018고단1868

도로교통법위반(음주운전)등

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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

On August 28, 2018, the Defendant driven a Chump vehicle under the influence of alcohol concentration of 0.264% without obtaining a driver’s license from approximately 50 meters in the section of 50 meters, from the front day of the Yansan-gu Yansan-si, Jeonju-si, to the front day of the sobrying road, which is located in the same red mountain-ro 45 meters south of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to Acts and subordinate statutes applicable to the driver's license ledger;

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. While the Defendant had been punished by a fine due to a non-licensed driving, he/she was engaged in driving in the state of full-timeless licenseless driving, even though he/she had the record of observing Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3 of the Act on the Punishment of Small-Scale Mitigation, and the reason for sentencing under Article 62-2 of the Act on the Punishment of Community Service and Order to Attend the lecture.

However, the punishment as ordered shall be determined in consideration of various circumstances, such as the fact that there is no criminal history exceeding the same fine, and the age, occupation, living environment, blood alcohol concentration at the time of crackdown, driving distance, etc. of the accused.