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(영문) 전주지방법원 군산지원 2018.07.18 2018고단213
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 22, 2006, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on December 22, 2006; the summary order of KRW 2 million for the same crime committed by the Jeonju District Court on January 30, 2012; the summary order of KRW 3 million for the same crime committed in the Gunsan Branch of the Jeonju District Court on May 21, 2012; the summary order of KRW 7 million for the same crime committed by the Jeonju District Court on June 22, 2015; the Defendant was sentenced to a summary order of KRW 7 million for the same offense committed by the Jeonju District Court on July 5, 2016; the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (unlicensed Driving) at the Jeonju District Court’s Eup branch on July 13, 2016; and the Defendant exempted the execution of the suspended sentence for the period.

On February 10, 2018, the Defendant driven CNEW EF rocketing without obtaining a driver's license on the road between the two intersections of the 1-10th parallel and the amended intersection of the 201st parallel in the BNEW, under the influence of alcohol concentration of 0.09% during the blood transfusions, around 20:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same type - attachment of judgment, etc. - Attachment of judgment, etc.), six copies of summary order, one copy of judgment, and one copy of judgment,

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount is that the defendant repents and reflects the wrong facts.

The defendant's support for the wife of the second degree disability and the children of the first degree disability in the disability grade is considered to have considerable difficulty when being detained.

However, the defendant's drinking is driving.

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