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(영문) 전주지방법원 군산지원 2018.08.24 2018고단547
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On July 4, 201, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law in the Hongsung Branch of the Daejeon District Court on July 4, 201; on July 4, 2014, a fine of KRW 2 million for a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court on July 4, 201; on August 24, 2016, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law in the Jeonju District Court’s Gunsan Branch of the Jeonju District Court on August 24, 201; and on September 1, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime

[Criminal facts] On May 8, 2018, the Defendant driven Bsch-ton car at the section of about 120 meters from the day before the day of potasi-si in the Sinsan City to the day before the day of 120 meters prior to the day of the order of 120 meters, while under the influence of alcohol content of 0.065% during blood, without obtaining a driver’s license for a motor vehicle, and at the same time, the Defendant driven Bsch-ton car at the section of 120 meters prior to the day of the order of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger, etc.;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity is sentenced twice to a fine for driving under the influence of alcohol for the reason of sentencing, and one-time suspension of imprisonment. In particular, the sentence of imprisonment for the same kind of crime is under suspension of the execution, and in addition, even though it is still under suspension of the execution of the sentence, the unfavorable sentencing factor is that the blood alcohol concentration is not high and the distance of driving without a license for driving under the influence of alcohol is not long. The sentencing factor is more favorable than that of the suspension of the execution of the imprisonment, and the defendant's age, health status, and family relationship are more favorable.

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