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(영문) 전주지방법원 정읍지원 2017.02.09 2016고단395
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 April 23, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act from the same support on March 9, 2016, respectively.

As above, the Defendant driven a car under the influence of alcohol level of 0.247% while under the influence of alcohol level of 0.247% without obtaining a driver’s license from the 500-meter radius from the roads adjacent to the gr3rd village located in the gr3rd village in the Sin-Eup-si, Sin-si on September 20, 2015 to the roads adjacent to the gr3rd village in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to a summary order of the same kind of suspect);

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. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable circumstance, such as the reflection of errors, the driving of compliance, and the fact that the health status is not very good);

1. The observation of protection and order to attend lectures under Article 62-2 of the Criminal Act, and the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc.;

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