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(영문) 전주지방법원 2017.02.07 2016고단762
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Power of crime] On June 26, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Jeonju District Court on July 4, 2015, and the judgment became final and conclusive on July 4, 2015, and is still in the grace period. On March 19, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic laws at the Jeonju District Court’s Jeonju District Court’s Jeonju District Court’s Eup branch, and on May 23, 2008, issued a summary order of KRW 1 million for a violation of road traffic laws.

[2] On February 25, 2016, the Defendant, without obtaining a driver’s license, driven an Eststun car at approximately 300 meters from the front side of the Geumsan Complex cafeteria, which is located in the Geumsan-si, Geumsan-si, Kim Jong-si, under the influence of alcohol level of 0.124% among the blood transfusion around 17:10 on February 25, 2016, to the front side of the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following reasons for sentencing) - Circumstances unfavorable to the defendant: The same criminal records and several times (4 times after 2002) are identical to the previous crimes, and the crime of this case is committed again despite the suspension period for the same kind of crime, and the degree of the main crime is serious (0.124% in blood, and the fact of drinking driving is entirely not memory) - Normal conditions favorable to the defendant that are favorable to the defendant: Scrapping a vehicle to prevent recidivism, etc., and being under navigation cancer after the operation of luminous cancer on March 201.

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