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(영문) 전주지방법원 정읍지원 2017.05.25 2017고단91
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:40 on February 12, 2017, the Defendant driven a D-do motor vehicle under the influence of alcohol content of about 0.084% while under the influence of alcohol without obtaining a driver’s license from the front side of the 1.5km through the Jin Chang-gun, Chang-gun, Gowon-gun, Gowon-gun, Gowon-do to the front side of the Go Changwon-gun, which is located in the center of the same military branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Whether he/she has made a statement on the circumstances of the driver under driving, and output the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (a favorable consideration, such as the reflection of errors, the absence of any record exceeding the fine, and the fact that a compliance driving is performed);

1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

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