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(영문) 전주지방법원 2017.05.23 2016고단2030
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

The Defendant was sentenced to a fine of KRW 1 million at the Jeonju District Court on February 28, 2007, to a fine of KRW 2.5 million on June 3, 2008, to a fine of KRW 3.5 million on February 12, 2014, and to a fine of KRW 5 million on September 14, 2015 as a crime of violating the Road Traffic Act (drinking) by a violation of the Road Traffic Act.

On November 15, 2016, the Defendant driven a Cresch Rexroth under the influence of alcohol of about 0.092% during blood alcohol without obtaining a driver’s license in the section of about 1km from the end of the Dobong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the end of the 116-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,

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. The driver's license ledger;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, the observation of protection under Article 62(1) of the Act on the Suspension of Execution under Article 55(1)3 of the same Act, and Article 62-2 of the Social Service Order and the Act on the Suspension of Education under Article 62-2 of the Criminal Act, was the criminal record of a fine of four times due to drinking, driving without a license, etc. In particular, the Defendant was under the control of the police officer dispatched after being reported that he was under the influence of alcohol while waiting for the signal on the road at the time of driving of the instant case, and other various circumstances such as the Defendant’s age, occupation, living environment, and alcohol concentration and driving distance

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