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(영문) 전주지방법원 남원지원 2017.11.21 2017고단191
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On July 20, 2012, the Defendant was notified of a summary order of KRW 3 million on July 20, 2012 due to a violation of the Road Traffic Act (drinking driving), and on November 21, 2016, the Defendant was notified of a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) in the Sungnam Support for Suwon Friwon Gan District Court.

On August 29, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on August 29, 2017, driven from the third apartment of the main apartment in the influent cremation room from around 1km to the front road of the Sungsan Park located in the same Dong, under the influence of alcohol content of 0.22% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

Unfavorable circumstances - The defendant's blood alcohol concentration is very high at the time of committing the instant crime.

- In 2016, the Defendant was subject to criminal punishment due to drinking driving, and the driver’s license was revoked.

Nevertheless, prior to the lapse of one year, the Defendant committed a crime of drinking and unlicensed driving, such as the instant case. - It is doubtful that the Defendant’s compliance consciousness is not weak.

- The defendant's drinking and drinking.

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