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(영문) 전주지방법원 2016.11.22 2016고단1308

도로교통법위반(음주운전)등

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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

[criminal power] On September 26, 2013, the Defendant issued a summary order of KRW 1.5 million by violating the Road Traffic Act (driving) at the Jeonju District Court on September 26, 2013, and on December 27, 2013, the same court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 31, 2016, at around 05:15, the Defendant driven B SP car under the influence of alcohol with a blood alcohol level of about 0.150%, without obtaining a driver's license, from the front side of the mutually unfluent drinking house in Samcheon-gu, Samcheon-gu, Samcheon-si to the front side of the Hawonwonsium, located in the same 2km-do.

Accordingly, the Defendant, without obtaining a driver's license, has violated the prohibition of drunk driving more than twice, and has driven a motor vehicle under the influence of alcohol again as above.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the notification of the results of the control of drinking driving, the appearance, clothes, language, the result of attitude, the circumstantial statement of drinking drivers, and a copy of the usage register of drinking measuring instruments;

1. Each report on internal investigation (related to Nos. 6 of evidence list, field photographs, and photographs);

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a copy of the same type of crime records, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing in Article 62bis of the Criminal Act – Circumstances unfavorable to the defendant: the degree of the principal offender and the degree of the principal offender (0.150 per cent of blood alcohol concentration) - Circumstances favorable to the defendant: the serious reflectivity;