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(영문) 전주지방법원 군산지원 2018.04.13 2017고단1411
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 12, 2015, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court on the grounds of a violation of road traffic law (driving), and on April 20, 2016, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (driving) at the Jeonju District Court’s Gunsan Branch on April 20, 2016, and is a person who violated Article 44(1) of the Road Traffic Act at least twice.

[2] On October 14, 2017, around 04:47, the Defendant driven a passenger car with alcohol concentration of about 0.184% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from a male man’s last road in the Southern East-si, Chungcheongnam-si, Seoul Special Metropolitan City around that time, to a road with a flow-distance distance of about 165, Dong-ro 165.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver's license at home and the register of the driver's license;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the relevant summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., that the defendant reflects his/her mistake

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

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