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(영문) 전주지방법원 2016.12.20 2016고단2197
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who, on December 11, 2013, was sentenced to six months of imprisonment and two years of suspension of execution for a violation of the Road Traffic Act at the Jeonju District Court, and on March 27, 2015, the same court was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc. on April 4, 2015 and the sentence of suspension of execution became final and conclusive on April 26, 2015, and completed the execution of the sentence in the Jeonju prison on November 26, 2015.

around 17:20 on September 20, 2016, the Defendant driven the CA110 Orba, which was not covered by mandatory insurance without a motorcycle driver's license, at a section of about 300 meters in front of the former food, in the vicinity of the Central cafeteria located in the Southern East-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul, but with a blood alcohol concentration of about 0.250% in front of the former food.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each investigation report ( relation to collection of blood, refusal to state the details of a statement in the circumstances of a person taking the main office, refusal to affix seals, etc.);

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniform, language, and attitude of a drinking driver;

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. 112 reported case handling table;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the same type of electric records, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, five times, including the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the same type of criminal records, the suspended sentence once, and the sentence once, and the previous records since 201.

.for the same crime;

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