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(영문) 전주지방법원 2018.02.06 2017고단2053
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 2 million at the Jeonju District Court on February 12, 2014, which was sentenced to a fine of KRW 1 million on July 14, 2015 due to a violation of the Road Traffic Act (non-licenseed driving), and a violation of the Road Traffic Act (non-licenseed driving). On August 11, 2017, the Defendant was sentenced to a fine of KRW 3 million on July 14, 2015. On August 11, 2017, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 6 months for an indecent act committed by force and was sentenced to a two-year suspended sentence on August 19, 2017.

On October 9, 2017, at around 23:55, the Defendant driven a non-registered CT100 motor bicycle without mandatory insurance without a motor driver's license, from around 70 meters in the section of approximately 70 meters of alcohol level in front of the front of the Yansan-gu apartment house B, Seoul, to the front road of the same apartment 403-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of a reply to inquiry, such as criminal history, and a report on investigation (a confirmation of the fact that the suspect is under probation period and the same record of the suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity are the criminal records for which the defendant had already been punished several times due to drinking, unlicensed driving, etc., and in particular, at the time of the crime of this case, the defendant was under probation at the time of the crime of this case, and the defendant committed a pedal, such as sounding a horn and sound, on the ground that he does not have a place to park his polluted part at the apartment parking lot at the heart.

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