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(영문) 전주지방법원 2018.09.18 2018고단937
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

1. Around 13:00 on March 25, 2018, the Defendant driven a Dworking car volume without a driver’s license on the front side of the front side of the “C” operated by himself in Yansan-gu, Seoul Special Metropolitan City, from around 13:0, to the front side of the elementary school, in approximately 6km from the front side of the “C” to the front side of the road located in 8:00:0 on the same day, around 18:00 on the same day, from the front side of the front day of the front day of the 18:00 day to the public parking lot located in 52, the Defendant driven a Dworking car volume without a driver’s license in approximately 200 meters.

2. On March 25, 2018, the Defendant violated the Road Traffic Act (drinking driving) driven a Dystren vehicle at a public parking lot adjacent to the west-gu 46-ro shot-gu, Seoul Special Metropolitan City on March 25, 2018, while under the influence of alcohol by about 0.150% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger, etc.;

1. Egresponding down the NAV map;

1. Application of Acts and subordinate statutes to report on investigation (to hear reports on references E phone statements);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act and the choice of imprisonment, respectively;

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

1. Although there was a record of punishment for the suspension of drinking for the reasons of sentencing under Article 62-2 of the Criminal Act, the Defendant who dints the driving of drinking without a license shall be subject to criticism.

However, the fact that the defendant does not repeat the crime while disposing of the vehicle, there is no record of crime exceeding the fine, and other factors such as the defendant's age, sex, criminal conduct, circumstances after the crime, etc. shall be determined in the same manner as the order.

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