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(영문) 전주지방법원 2017.01.10 2016고단1787
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 23, 2015, the Defendant issued a summary order of KRW 5 million to a person who violated the Road Traffic Act (drinking driving) at the Jeonju District Court on January 27, 201, a fine of KRW 2 million to the same crime in the same court on January 27, 201, and a fine of KRW 2 million in the Jinwon District Court on July 10, 2009 to the same crime under the name of the same crime.

On September 30, 2016, the Defendant, without obtaining a driver's license of a vehicle at around 22:56, driving a vehicle with 0.15% alcohol level in the blood while under the influence of alcohol at around 0.15% during the blood, from the back of the Jeju Hospital located in the Yan-gu Seoul Special Metropolitan City to the front day of the restaurant located in the same area of approximately 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (report on filing of summary orders related to drinking driving);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Grounds for the observation of protection, community service, and order to attend lectures - The circumstances unfavorable to the defendant are three times a previous convictions for the same kind of offense (driving of alcohol): The circumstances favorable to the defendant have no criminal records of suspended execution or more, serious reflectivity - The comprehensive conditions for sentencing under Article 51 of the Criminal

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