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(영문) 전주지방법원 2016.02.16 2015고단1924
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2015, the Defendant driven a motor vehicle with D-high speed 0.204% alcohol without a driver’s license on the section of about 5km from the front of the friendly elementary school located in the Donsan-gu Ynsan-si, Jeonju-si to the front road of the Donsan-dong, to the front road of the Donsan-dong.

around 1:50 on November 25, 2015, the Defendant driven an E-wheeled vehicle while under the influence of alcohol concentration of about 0.101% without a driver’s license at the section of about 3km from the front side of the 55 mnivem of the front city in the front city of the front city to the intersection of the front city of the same Gu with the same Gu, from around 11:50 on November 25, 2015.

Summary of Evidence

"2015 Highest 1924"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, a report on the circumstances of the driver of a drinking alcohol, the appearance, uniforms, language, the result of attitude, and the ledger of the user of a drinking measuring instrument;

1. Each report on internal investigation (related to the driving speech or behavior of a suspected suspect, situation of dispatch to the scene, etc.), and photographs at the scene of the crime;

1. "Motor vehicle driver's license ledger 2015 high group 2138";

1. Statement by the defendant in court;

1. A report on internal investigation:

1. A copy of the report on detection of a driver of a vehicle driving, the report on the circumstances of the driver of the vehicle driving, the appearance, uniform, language, and attitude of the driver driver, and the ledger using the measuring instruments for drinking;

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

1. Article 148-2(2)1, Article 44(1) of the Road Traffic Act (the point of drinking on November 1, 2015), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license on November 1, 2015), Article 148-2 Subparag. 2, Article 44(1) of the Road Traffic Act (the point of driving without a license on November 25, 2015), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (the point of driving without a license on November 25, 2015) concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009).

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