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(영문) 전주지방법원 군산지원 2017.07.14 2017고단554
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

[criminal history] On September 16, 2013, the Defendant was notified of a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on September 16, 2013, and was found to be a motor vehicle under the influence of alcohol on March 5, 2017.

[2] On April 26, 2017, the Defendant driven B K3 cars while under the influence of alcohol with approximately 0.063% alcohol concentration in blood without obtaining a driver's license from the first apartment of the 1st apartment of the Republic of Korea to the school distance in the same city of Song-dong from the first apartment of the 1st apartment of the Republic of Korea to the school distance in the same city of the 200-meter.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes for investigation reports (verification of the history of punishment for drinking driving);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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