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(영문) 전주지방법원 군산지원 2017.03.03 2016고단1153
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 28, 2010, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking) at the Gunsan Branch of the Jeonju District Court on July 24, 201, and a fine of KRW 3 million due to the same crime at the same court on July 24, 2011. On September 21, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on September 21, 2012, and was sentenced to a summary order of KRW 3 million for the same crime at the same court on October 2, 2013. On April 10, 2015, the Defendant was sentenced to a summary order of KRW 3 million for the same crime at the Jeonju District Court on April 10, 2015, which became final and conclusive on April 18, 2015.

On June 29, 2016, the Defendant driven a Cland knife apartment parking lot located in 154-7 due to the difficulties in the study of the Do-do, Yan-si, Do-do, 154-7, from around 200 meters to about 200 meters due to the difficulties in the study of the same city, the Defendant driven a Cland knife with alcohol level of about 0.201% without the driver's license, while under the influence of alcohol level of about 0.201% without the driver's license.

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 without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the detection of a primary driver;

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

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

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. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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