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(영문) 전주지방법원 정읍지원 2017.11.02 2017고단323
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 23, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic law at the Daejeon District Court on September 23, 2008, and on January 4, 2012, the Defendant was issued a summary order of KRW 2.5 million for the same crime from the Jeonju District Court’s branch court’s Eup branch court.

On August 17, 2017, around 00:53, the Defendant driven a C UAD car while under the influence of alcohol leveling 0.126% without obtaining a driver’s license from a section of approximately 1km from the front of the “Seoul Sbcheon,” which was located in the center of Chang-gun, Chang-gun, Chang-gun, Chang-gun, Seoul, to the front of the “Seoul Sbcheon-ro” road in the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, text of judgment, and copy of summary order, such as criminal history;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the violation of errors, the driving of compliance, and the fact that there is no record of crime exceeding the fine due to drinking and driving without a license);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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