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(영문) 전주지방법원 2016.07.12 2016고단393
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 11, 2016, the Defendant: (a) around 01:35, while under the influence of alcohol by 0.214% during blood without a driver’s license, the Defendant driven CEX car at a section of approximately 100 meters from the street in front of an insular house near an insular officetel, to the upper end of the 323-7 beam stop as prescribed by the previous white festivals.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the detection of a suspected violation of traffic laws (unlicensed driving, drinking driving) on the road;

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. Each report on internal investigation:

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for the observation of protection, community service, and order to attend lectures - Circumstances unfavorable to the defendant: A person has been sentenced to a fine for driving alcohol on October 5, 2015, and then again, within a short period of time, the name, the degree of main practice, and the name of the crime of this case again, and the degree of main practice - There is no criminal conviction or more favorable to the defendant - Other comprehensive matters subject to sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, and environment

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