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(영문) 전주지방법원 군산지원 2017.07.14 2017고단500
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On January 30, 2012, the Defendant received a summary order of KRW 2 million for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Support of the Jeonju District Court, and a summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime in the Nagsan Support of the Sugwon method.

[2] On April 23, 2017, the Defendant driven BK7 car under the influence of alcohol with approximately 0.121% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from the front of the road, such as Adidos, which is located in the Young-si, Hasan-si, Hasan-si, 1167, from the front of the road to the first apartment of the 1km-si, Hasan-si, Hasan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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