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(영문) 전주지방법원 2016.04.19 2015고단2214
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[Power of crime] The defendant is a person who has been punished five times for the same type of crime in the Jeonju District Court, the summary order of a fine of 700,000 won for the crime of violating the Traffic Act on September 22, 2006, and the summary order of a fine of 7 million won for the crime of violating the Traffic Act on August 7, 2007.

【Criminal facts constituting the Defendant, even though he had a drinking driving force twice or more as seen above, driven a C-wing and C-Motor vehicle while under the influence of alcohol leveling 0.125% of alcohol leveling from approximately 100 meters to the front of the restaurant in front of the restaurant in the name of the Republic of Korea, which is one of the 81 South-ro Hong-ro in the Yansan-gu, Yansan-ro, Yansan-ro, Yan-ro, Masan-ro, Mansan-ro, Masan-ro, Masan-ro, 2015 to the front road of the Republic of Korea, which is located in about 250 meters from the 100-meter section, without a driver’s license.

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 a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 sentencing under Article 62-2 of the Act on the Protection, Observation and Order to Attend - Circumstances unfavorable to the defendant: Five times including one suspended sentence of punishment for the same kind of crime : The circumstances favorable to the defendant - The detention of the defendant entails serious difficulty to his/her family members as he/she supports the serious reflectness, his/her old children, and his/her old children and his/her mother.

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