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(영문) 전주지방법원 군산지원 2016.06.07 2016고단336
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on June 25, 2012; a summary order of a fine of seven million won for the same crime in the same court on March 26, 2014; a suspended sentence of six months for the same crime in the same court on October 30, 2015; and the judgment on November 7, 2015 became final and conclusive on November 7, 2015; and on April 26, 2016, the Defendant was sentenced to imprisonment for four months for a violation of the Road Traffic Act in the same court on April 26, 2016.

【Criminal facts of the crime, even though the Defendant was punished twice or more due to driving of alcohol as above, he driven a CSpo-type car under the influence of alcohol with approximately 9km alcohol level 0.154%, without obtaining a driver’s license, from the mutual unsular road located in the Yari-dong, Yanam-do, Chungcheongnam-do on February 21, 2016 to the airport intersection located in the same Sin-dong, Yari-dong, Yari-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. It is so decided as per Disposition for the reasons under Articles 53 and 55 (1) 3 or more of the Criminal Act for mitigation of amount;

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