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(영문) 전주지방법원 2017.04.18 2017고단391
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 24, 2008, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Jeonju District Court on July 28, 201, a fine of two million won for the same crime in the Jeonju District Court’s Eup branch on July 28, 201, and a fine of five million won for the same crime at the Jeonju District Court on February 10, 2012, and on March 22, 2016, the Defendant was sentenced to a summary order of five million won for the same crime at Eup branch of the Jeonju District Court on March 22, 201, and on March 30, 201, and the judgment became final and conclusive on March 30, 2016.

On December 27, 2016, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.117% without a driver’s license from the section of about 1km in the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong from around 03:30 on December 27, 2016 to about 1km-dong-dong-dong-dong-dong-dong-dong-dong-dong.

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. The driver's license ledger;

1. Written inquiry and reply;

1. Articles 148-2 (1) 1, 44 (1), and 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense subject to the provisions of Part IV Acts and subordinate statutes of the same Act and subordinate statutes;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant had already been punished three times by a fine due to drinking driving, etc. in the past; the defendant committed the instant crime even though he/she was under suspension of the execution for eight months due to drinking driving on March 22, 2016 and was sentenced to two years of suspension of the execution on March 2, 2016; the defendant committed the instant crime even though he/she was under suspension of the execution; and other consideration, such as the motive, driving distance, and alcohol concentration in blood.

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