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(영문) 전주지방법원 2018.02.06 2017고단2163
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

The Defendant was issued, respectively, by the Jeonju District Court, a summary order of KRW 1.5 million on December 23, 200, a fine of KRW 1.5 million on October 24, 201, and a summary order of KRW 2 million on October 24, 2013.

Although the Defendant had been punished for driving under the influence of alcohol more than twice, on January 31, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.084% without obtaining a driver’s license from approximately 100 meters in the section of approximately 100 meters from the front of the So-jin-gu, Seoul Special Metropolitan City, to the front road of the So-jin-gu, Seoul Special Metropolitan City, to the front road of this Article, as the former.

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. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiry, including criminal history;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The observation of the protection under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Mitigation of Small Quantity, and the consideration of various circumstances, such as the Defendant’s age, occupation, living environment, and distance of alcohol while driving alcohol at the time of crackdown, even though the Defendant had been punished several times by a fine due to drinking and non-licensed driving, despite the fact that he/she had been sentenced to the punishment of a fine due to drinking and non-licensed driving.

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