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(영문) 전주지방법원 2016.07.05 2016고단278
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 9, 2008, the Defendant received a summary order of KRW 2 million due to a violation of road traffic law (drinking) at the Jeonju District Court on December 9, 2008, and on November 9, 2015, the same court issued a summary order of KRW 4 million due to a violation of road traffic law (drinking).

【Criminal Fact-finding on March 1, 2016, at around 12:10, the Defendant driven Bunst Motor Vehicle under the influence of alcohol concentration of about 0.203% in blood without a driver’s license on the 1.5km section from the front day of the promotion Donsan-gu, 1, Donsan-gu, 29, to the front day of the new re-facilities located in 25-1, 125-1, 201.

On May 2, 2016, the Defendant: (a) driven a Brocketing vehicle without the driver’s license in approximately 5km section from the front of the elementary school to the front road of the National Unauthorized Heritage Site, which is located in the Seogjin-gu, Seoul Special Metropolitan City on May 2, 2016, from the front of the elementary school to the front road of the National Unauthorized Heritage Site.

Summary of Evidence

"2016 Highest 278"

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating the driving of drinking, the statement of the situation of the driver driving, and the ledger using the measuring instruments for drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to a summary order with the suspect's previous force), "2016 Heights 588";

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes to photographs of vehicles under consideration;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act, including observation of protection, community service and order to attend lectures, to the accused.

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