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(영문) 전주지방법원 정읍지원 2018.11.20 2018고단276
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On April 21, 2014, the Defendant was issued a summary order of KRW 4 million in fines for a violation of road traffic law at the Jeonju District Court’s branch court’s branch court’s order on April 21, 2014, and a fine of KRW 5 million in the same court on March 16, 2018.

[2] On June 16, 2018, around 23:13, 2018, the Defendant driven a Crocketing vehicle under the influence of alcohol concentration of 0.126% without obtaining a driver’s license from approximately 100 meters in front of the real estate in front of the painting screen on the screen of the Northwest-do, North Korea, North Korea, to the front of the police box in the same Ri.

Therefore, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he was under the influence of alcohol without obtaining a driver's license again.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same criminal record and confirmation of the suspect), and application of the relevant summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service, and the order to attend a lecture, is not enough to commit the crime of this case, since the defendant, even though he had the influence of drinking and driving without a license, is under the influence of drinking and driving without a license under the influence of alcohol.

The defendant himself, while under the influence of alcohol, shall go to his house by the police officers.

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