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(영문) 전주지방법원 2018.02.06 2017고단2125
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment 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

The Defendant was issued, respectively, by the Jeonju District Court, a summary order of KRW 2.5 million on March 22, 2010, and a summary order of KRW 7 million on January 4, 2016.

Although the Defendant had been punished for driving under drinking more than two times, on October 26, 2017, the Defendant driven C Obaba under the influence of alcohol for about 0.176% of alcohol while under the influence of alcohol without obtaining a motor device driver’s license from the front side of the Heungcheon-gu, Samcheon-gu, Samcheon-gu, the Jeoncheon-si, the Jeoncheon-si, to around 535-5 U.S. 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity under Article 62-2 of the Social Service Order and Order to attend a lecture, even though the defendant had been punished by a fine due to drinking and non-licensed driving on several occasions, considering various circumstances, such as the defendant's age, occupation and living environment, and alcohol concentration and driving distance in blood at the time of crackdown, even though he/she had been punished by a fine on several occasions;

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