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(영문) 전주지방법원 정읍지원 2017.03.16 2016고단613
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 August 20, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws in the Jeonju District Court’s Eup branch, and on January 15, 2013, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws at the Jeonju District Court’s Jeonju District Court.

On October 24, 2016, the Defendant driven a D low-speed car without obtaining a driver’s license from the front of the “CU convenience store” located outside the U.S. Si of Jeong-Eup, Seoul, to the U.S. diplomatic lane located in the same side. From approximately 100 meters section, the Defendant driven a vehicle with a alcohol level of about 0.081% under the influence of alcohol while under the influence of alcohol.

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 regulating drinking alcohol driving;

1. The driver's license ledger;

1. Application of an inquiry letter, text of judgment, and copy of summary order, such as criminal history;

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. Article 62 (1) of the Criminal Act on the stay of execution (a favorable consideration, such as the reflection of mistakes, the driving of compliance, and the absence of force exceeding the suspended execution);

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

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