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(영문) 전주지방법원 남원지원 2017.08.08 2017고단120
도로교통법위반(음주운전)등
Text

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

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic laws in the support of the Southern District Court of the Jeonju on July 16, 201, and on January 11, 2012, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of road traffic laws (driving) in the same court.

On May 3, 2017, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.166% without obtaining a driver’s license from the front side of the entrance of the forest complex located in the Southern-si, Namwon-dong, 303 at the same 3km section from May 3, 2017 to the front side of the same 3km-dong, the Defendant driven B Poter truck under the influence of alcohol content of 0.16%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and the register 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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing 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:

The favorable circumstances - The defendant has no record of criminal disposition exceeding the fine, and there is no record of criminal disposition in addition to the violation of the Road Traffic Act since 1996.

Therefore, it seems that the defendant is not sentenced to punishment.

Unfavorable circumstances - The defendant committed a crime of drinking or non-licensed driving similar to this case on several occasions.

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