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(영문) 전주지방법원 군산지원 2019.05.24 2018고단1011
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On August 26, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on August 26, 2013, and a summary order of KRW 5 million for the same crime from November 1, 2016 to the same support.

【Criminal Facts】

Although the Defendant had been under suspicion of violation of the Road Traffic Act more than twice as above, the Defendant driven the E-Wz C250 vehicle under the influence of alcohol concentration 0.236% without obtaining a driver’s license from the front of the “C” on June 27, 2018 to the front of the Donsan City B at about 100 meters from the front of the Donsan City around June 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses, etc.;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same type of crime), and application of Acts and subordinate statutes of five copies of the decision on summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The decision of imprisonment with prison labor that is selected as a sentence [the blood alcohol concentration exceeds 0.2% even if there was a history of punishment twice due to drunk driving since 200 and three times due to unlicensed driving, and the blood alcohol concentration is also very high as 0.236% (the blood alcohol concentration committed prior to driving was higher than 0.2%).

[Consideration]

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering that there is no other criminal records, such as punishment imposed by a fine due to drunk driving, etc. as the above);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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