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(영문) 전주지방법원 군산지원 2018.11.30 2018고단981
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

[criminal history] On May 1, 2014, the Defendant issued a summary order of KRW 3 million at the Jeonju District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million at the same court on November 30, 2015 with the same offense, etc.

[2] On August 9, 2018, the Defendant driven a BCA 110 obba in the state of alcohol alcohol concentration of approximately 0.178% without obtaining a motor device driver’s license from a section of about 1k meters in the vicinity of the Donsan-si, Donsan-si, Donsan-si, to the road near the Donsan-si, Donsan-si.

As a result, the defendant was punished not less than twice due to drinking driving, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: To refer to inquiries about the results of crackdown on driving alcohol, replys to inquiries, such as criminal history, and apply Acts and subordinate statutes to investigation reports (Attachment reports to summary orders);

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (the consideration of the fact that there is an enemy who has been punished twice by driving under drinking, drinking or unlicensed driving, and the fact that the amount of alcohol concentration in blood is high, etc.);

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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