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(영문) 전주지방법원 2017.06.13 2017고단476
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 September 13, 2007, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 to a violation of road traffic law (driving), a fine of KRW 100,000 to a violation of road traffic law (driving), and a fine of KRW 3,00,000 to a same court on May 31, 2012 to a crime of violation of road traffic law (driving) in the Goyang Branch Branch of the Jung-gu District Court on September 13, 2007.

On March 5, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on March 5, 2017, driven a gallon from a section of approximately 500 meters to a gallon from the front side of a restaurant for electric power generation of sewage in the previous North Korea, while under the influence of 0.123% of alcohol during blood, to the front side of the same gallon, while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

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. The observation of the protection of Article 62(1) of the Criminal Act under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Punishment of Small Quantity Reduction and the sentence of Article 62-2 of the Social Service Order and Order to attend a lecture under Article 62-2 of the Criminal Act: The Defendant was punished once by a fine due to drinking, three times due to driving without a license, and other circumstances, such as the Defendant’s age, occupation, living environment, and alcohol concentration and driving distance in blood at the time of crackdown;

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