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(영문) 전주지방법원 2016.12.06 2016고단1114
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 23, 2016, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) from the Jeonju District Court’s Gunsan Branch on March 23, 2016, and a summary order of KRW 2 million for the same crime at the Suwon District Court on August 27, 2010.

【Criminal Facts】

1. On May 18, 2016, the Defendant, without obtaining a driver’s license, driven a BNS car at approximately 200 km away from the home plug located in the front city located in the front city located in Ansan-si, Ansan-si.

2. On May 19, 2016, the Defendant, without obtaining a driver’s license, driven the said NAS car at a section of about 2 km to approximately 2 km-ro 4-ro Mano-ro 234, the members of Ansan-si in the vicinity of the Home Pung-si, Ansan-si, the blood alcohol level of which is 0.14% under the influence of alcohol around 11:25,50.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the operation without a license, report on the state of the operation without a license, report on the state of the operation with a driving without a license, report on the state of the operation with a driving without a license, notification on the results of

1. A report on internal investigation:

1. Request for appraisal, request for appraisal of blood alcohol concentration, response to requests for appraisal; and

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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; and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing in Article 62-2 of the Criminal Act - Circumstances unfavorable to the defendant, such as probation, community service, and lecture attendance order, are identical and five times (four times of drinking driving, drinking, and one time of driving without a license).

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