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(영문) 전주지방법원 정읍지원 2018.09.04 2018고단149
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on October 7, 2017, driving B in the section of approximately 1 km from the non-place of address at regular Eup to 0.210% of alcohol while under the influence of alcohol during blood, from the 0.210% under the influence of alcohol during blood on October 7, 2017 to 7 km in the same km.

2. On March 10, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) on March 10, 2018, driving a motor vehicle at a distance of about 1km from the apartment in the front of the Domina apartment that is located in the school in the regular Eup/Eup/Myeon without obtaining a driver’s license on March 10, 2018 to the front day of the same Es.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Reporting on the arrest of a case;

1. Application of the Acts and subordinate statutes governing the place of criminal offense;

1. Article 148-2 (2) 1, Article 44 (1) (a point of drinking), Article 152 subparagraph 1, and Article 43 (a point of driving without Driver's License) of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a person on October 7, 2017, who violates the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the aggravated punishment for concurrent crimes resulting from a violation of Road Traffic Act, of which punishment is heavier, and the sum of respective crimes);

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

1. On October 7, 2017, among the instant crimes with reasons for sentencing under Article 62-2 of the Criminal Act, the crime of driving under the influence of alcohol and driving without a license on October 7, 2017, among the instant crimes, was committed by the Defendant on the following occasions: (a) the Defendant was driving without a driver’s license on October 2, 201; (b) the Defendant 2-3-4-5 alcohol level at a very high level of 0.210% during the blood alcohol level while driving without a driver’s license during the instant crimes; and (c) the risk of stopping from the electric telegram.

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