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(영문) 전주지방법원 군산지원 2018.11.30 2018고단979
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 12, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the Gunsan Branch of the Jeonju District Court on October 12, 2017, and a summary order of KRW 3 million for the same crime at the same court on October 18, 2017.

[2] The Defendant: (a) was a person who has been punished twice or more due to the crime of violating the Road Traffic Act (driving of alcohol); and (b) was driving a D U-A-car on August 4, 2018 under the influence of alcohol leveling 0.103% of alcohol level while under the influence of alcohol leveling 0.103% without obtaining a driver’s license from the front side of Cju store located in Sinsan-si, Sinsan-si, Sinsan-si; and (c) from August 4, 2018 to the transport blind road located in the same Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The decision of imprisonment with prison labor (the defendant reflects the crime and has family members who need support from the defendant, but the defendant has been punished once on October 2017 on one occasion by driving under drinking, drinking and driving without a license (the license is revoked by driving under the previous drinking, and the license is not discovered by driving under the influence of drinking, and driving under the second half of the month). In particular, the driver was punished by the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents while driving under the status of revocation of the license in May 2018, while driving under the condition that he was punished on one occasion on the part of the accident, and driving without the license. In particular, considering the high level of alcohol concentration in the blood of this case and the criminal history of the defendant, the defendant continued to drive under the influence of drinking.

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