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(영문) 전주지방법원 2017.02.14 2016고단2148

도로교통법위반(음주운전)등

Text

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

On July 29, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and on June 27, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On October 18, 2016, the Defendant driven a cub car in the section C from about 500 meters from the king-gu Seoul Metropolitan City Syll apartment distance to the front road in front of the 319-year old city in Jeonju-si without a driver's license of a motor vehicle at around 21:00 to 014% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Voluntary accompanying report by a person suspected of violating the Traffic Act on the road (driving a drinking or non-license);

1. A report on the detection of a driver driving at the State, a report on the circumstances of the driver driving at the State, the appearance, uniform, language, and attitude of the driver driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous decisions and copies of such judgments);

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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the accused: The comprehensive contents of sentencing under Article 51 of the Criminal Act, consisting of two previous convictions for the same kind of crime (driving alcohol and non-licenseed driving), the degree of main crime (0.114%), repeating the same crime within a short term, and having not less than two previous convictions for the same crime during the short term - The circumstances favorable to the accused: serious reflectness, the absence of the same criminal records for the same kind of punishment or the suspension of execution - The comprehensive contents of sentencing conditions under