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(영문) 전주지방법원 2017.01.17 2016고단1748
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor 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 September 7, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on September 7, 2012, and issued a summary order of KRW 2 million for the same crime at the same court on September 23, 2014.

On September 26, 2016, the Defendant driven a DNA car under the influence of alcohol level of about 0.063% while under the influence of alcohol level of 0.063% without obtaining a driver's license from the front of the Jeonju Hospital located in the Gosi-gu, Seoul Special Metropolitan City on September 26, 2016 to the front road of the 17-5 Hanpo-gu, Hanpo-gu, Hanpo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on suspect drinking driving force) statute;

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 - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the accused: The conditions for sentencing under Article 51 of the Criminal Act are the same criminal records and eight times before and after 2001 (one time for drinking, driving without a license, driving without a license, three times for drinking, and four times for non-license), the criminal records and two times before and after the suspension of execution - The circumstances favorable to the accused: serious reflectivity, the lapse of more than 15 years from the final and conclusive suspension of execution - Comprehensive matters

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