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(영문) 전주지방법원 남원지원 2017.08.29 2017고단164
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On November 22, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on November 22, 2007, and was sentenced to a suspended sentence of one year for the same crime in the same court on February 7, 2017.

On July 6, 2017, the Defendant driven a DNA car with alcohol content of 0.081% in blood without obtaining a driver’s license from approximately 2km section from the front of the Namwon-si, Seoul to the front of the Namyang-ro, Seoul Metropolitan City, which is located in the same city-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of alcohol and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reporting statutes;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing), and other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances.

Unfavorable circumstances - The Defendant had been subjected to criminal disposition five times due to the same kind of crime even before, and the judgment of probation became final and conclusive as stated in its reasoning, and has committed the instant crime.

- The defendant's awareness of compliance seems to be weak.

friendly circumstances - It is difficult to readily conclude that the Defendant’s blood content level is a very high letter at the time of the instant case, and the distance of driving is also difficult.

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