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(영문) 전주지방법원 정읍지원 2017.08.22 2017고단193
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2009, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving), and a fine of KRW 3 million for a violation of the Road Traffic Act at the same court on June 30, 2010.

On April 28, 2017, at around 14:40, the Defendant driven B Poter cargo under the influence of alcohol level of 0.122% while under the influence of alcohol level of 0.122%, without obtaining a driver’s license, from the front of an insular restaurant in front of the front line of the North Korean Peninsula, to the front of the same military heart, as the front of the 15km charter in front of the same military.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

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. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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 consideration, such as the reflection of errors, the driving of compliance, and the absence of previous convictions exceeding fines);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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