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(영문) 전주지방법원 군산지원 2016.04.26 2015고단1282
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On June 25, 2012, the Defendant was issued 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 March 26, 2014, the Defendant was sentenced to a fine of seven million won for the same crime in the same court on March 26, 2014. On October 30, 2015, the same court was sentenced to two years of imprisonment with prison labor for the same crime and on November 7, 2015, which became final and conclusive on November 7, 2015.

[Criminal facts] Defendant 1 violated Article 44(1) of the Road Traffic Act on two or more occasions, and did not obtain a driver’s license.

On December 15, 2015, under the influence of alcohol content of 04:50 percent from blood, the Defendant driven a Cspo-type car at a section of approximately 500 meters from the front of the two-use apartment house located in the Yasan-si, Yasan-dong to the front of the Central Sports Park located in the same city.

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. Application of Acts and subordinate statutes to investigation reports (a sentence of judgment and summary order);

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. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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