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(영문) 전주지방법원 군산지원 2017.08.11 2017고단719
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 23, 2007, the summary order of KRW 1,00,000 for the same crime in the same court on June 25, 2009, and a summary order of KRW 5 million for the same crime in the same court on September 16, 2013. On April 25, 2016, the same court was sentenced to a summary order of KRW 5,00,000 for the same crime, and was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (non-licensed driving) and the judgment became final and conclusive on May 3, 2016.

【Inasmuch as the Defendant had been punished on two or more occasions for drinking driving, the Defendant, as seen above, driven a math car without obtaining a driver’s license in the section of approximately 100 meters of alcohol content 0.104% from the 100-meter section of blood alcohol content from the 17:50 on February 17, 2017, to the hump road in the same Dong-si.

As a result, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. There is a high possibility of criticism against a crime during the suspension period of the execution of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment.

Provided, That the defendant's age, records of crime, alcohol concentration during blood at the time of crackdown, etc. shall be punished by imprisonment.

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