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(영문) 전주지방법원정읍지원 2020.08.13 2020고단55
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 20, 2006, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on July 20, 2006, and a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the same court on August 6, 2007, and on November 25, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act (driving for Drinking) from the Jeonju District Court’s branch branch on November 25, 2008; and on December 21, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of six months for a violation of the Road Traffic Act (driving for Drinking)

On November 21, 2019, at around 22:16, the Defendant driven FOba on the road of approximately 200 meters from C house located in B in the Jeonbuk-gu, Jeonbuk-si without a driver's license to E elementary school located in D in the same city as D without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents and on-site photographs;

1. The ledger of driver's licenses;

1. A report on internal investigation (on-site conditions and collection of blood);

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Disqualifications of the main office;

1. Requests for appraisal;

1. Cut photographs of CCTV at the scene of the accident;

1. Investigation reports (Application of the Madmark);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of suspect drinking records), and copies of judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. The high level of the blood alcohol concentration for the reason of sentencing in Articles 53 and 55(1)3 of the Criminal Act (in consideration of the fact that the person in question is extremely large), the person in a state in which the license was revoked due to drunk driving, or in which the person in question is unable to drive under normal conditions.

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