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(영문) 전주지방법원 2017.09.12 2016고단2258
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

On July 12, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a DNA cargo vehicle at a section of about 10km from the front of the Defendant’s house located in the former North Korean-gun C while under the influence of 0.292% alcohol during blood, to the front of his/her green resources.

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. Article 148-2 (2) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense subject to the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 53 of the Criminal Act and Article 55(1)3 of the Act on the Suspension of Execution under Article 62 of the Criminal Act, Article 62 (1) of the said Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Care and Custody Act, Article 2 of the Addenda to the Medical Care and Custody Act, and Article 2 of the Addenda to the Medical Care, etc. Act, when the defendant was sentenced to a fine and a suspended sentence of execution on several occasions due to drinking and non-licensed driving, and on the other hand, the defendant is currently receiving medical treatment due to mental illness, and other various circumstances such as the defendant's age, occupation, living environment, and alcohol concentration and driving distance at the time of crackdown;

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