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(영문) 전주지방법원 정읍지원 2018.10.16 2018고단273
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal history] On December 7, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) in the Jeonju District Court’s Eup branch on December 7, 2012, and a summary order of KRW 6 million for the same crime in the same court on November 21, 2014.

[2] On June 26, 2018, the Defendant driven a 31 ton truck under the influence of alcohol 0.156% while under the influence of alcohol 0.156%, without obtaining a driver’s license from around 23:43 on June 26, 2018, from around the street B in front to the north-ro of the same Si/Eup.

Therefore, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he was under the influence of alcohol without obtaining a driver's license again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. An explanatory note;

1. The ledger using sobling measuring instruments;

1. The driver's license ledger;

1. Investigation report (as to the change of drinking place)

1. A previous conviction: Application of a written reply to inquiry, such as criminal history, report on investigation (A), previous conviction and summary order, and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of selective imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the protection and observation and the order to provide community service and the order to attend a lecture under Article 62-2 of the Criminal Act is a license under the influence of alcohol leveling to 0.156% in the time of the instant case, even though the Defendant had three times including each record of the judgment, which was subject to criminal punishment due to drinking and driving without a license.

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