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(영문) 전주지방법원 2018.05.01 2017고단1506
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, on October 22, 2008, issued a summary order of KRW 2 million on the grounds of a violation of the Road Traffic Act (driving on drinking) in the support of the Sugwon method of Sugwon on October 22, 2008, and on January 26, 2012, the Jeonju District Court issued a summary order of KRW 7 million on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) at the Jeonju District Court.

Although the Defendant had been punished twice or more due to drinking, on August 4, 2017, at around 02:45, the Defendant driven BAWD vehicles with approximately 0.241% alcohol level from the 1km section of the blood alcohol level from around 1km to the cU convenience point located in Seojin-gu, So-gu, Seoul, Seoul, through the said cU convenience point, at around 02:45, August 4, 2017.

『2017 고단 2090』 피고인은 2017. 10. 25. 01:25 경 전주시 완산구 견 훤 왕궁로 84 인근 도로에서부터 전주고등학교 앞 도로를 경유하여 위 견 훤 왕궁로 84 인근 도로에 이르기까지 약 200m 구간에서 자동차 운전면허 없이 B 아반 떼 XD 승용차를 운전하였다.

Summary of Evidence

"2017 Highest 1506"

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. A written statement;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the previous confirmation of such past records), "2017 Highest 2090";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, including the observation of protection and the order to provide community service and attend lectures, has already been punished several times due to drinking driving, and the Defendant was also under the influence of drinking.

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