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(영문) 전주지방법원 2018.07.10 2018고단558
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 11, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Jeonju District Court on March 11, 2014. On February 16, 2016, the Defendant was sentenced to a fine of four million won for the same crime in the same court.

[2] On March 17, 2018, the Defendant driven a C-wing motor vehicle under the influence of alcohol content 0.138% while under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from about 1km section from the commercial convenience point front of the trade name in rith to the road front of the Yan-si, the superior of Yan-si, the Defendant, at around 20:28, drive a C-wing motor vehicle under the influence of alcohol content 0.138%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (a copy of the judgment);

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been punished several times due to drinking driving, etc., but the Defendant was also under the influence of drinking or non-licensed driving.

However, the defendant again does not drive a drinking again.

The punishment as ordered shall be determined by comprehensively taking into account the various circumstances shown in the records, such as the fact that the defendant has been sentenced to a fine or more severe punishment, the fact that the defendant has no record of crime,

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