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(영문) 전주지방법원 2016.09.20 2016고단760
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On May 31, 2016, the Defendant driven D's low alcohol level 0.078% under the influence of alcohol level 0.078% in blood without obtaining a driver's license from the front of a mutual influence store near reservoir, to the front of the modern apartment zone located in the Dong-dong, from the front of the reservoir at around 2 km of May 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected violation of traffic laws (drinking, driving without a license) on roads;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: One time due to driving under influence of alcohol in 2012 and one time due to traffic-related crimes in 2014 [the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (violations of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of Road Traffic Act (the crimes of failing to take measures after accidents)] - The circumstances favorable to the defendant: serious reflectness; there is no criminal conviction above the suspended sentence; support the wife and her children (3 years); the comprehensive matters that constitute the conditions for sentencing under Article 51 of the Criminal Act;

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