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(영문) 전주지방법원 정읍지원 2015.10.13 2015고단401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 27, 2009, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution for the violation of the Road Traffic Act in the Jeonju District Court's Jeonju Branch's branch court's support on October 31, 201, and issued a summary order of 5 million won for the violation of the Road Traffic Act (driving) on October 31, 201, and on January 30, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court's support on January 30, 201.

On August 15, 2015, at around 10:31, the Defendant driven a Brocketing car under the influence of alcohol of about 0.081% of alcohol concentration without obtaining a driver’s license in the section of about 10km from the nautical miles, the nautical miles, the nautical miles, the Mag-gun, the Mag-gun, the Mag-gun, and the front road of the Mag-gun, the Mag-gun, the Mag-gun.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on occurrence of a suspected violation of the Road Traffic Act (driving, driving without a license);

1. Statement on the circumstantial statement of the employee;

1. Form for output of a drinking-free measuring instrument;

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) recognizes all of the instant crimes and reflects their depth, and driving under the influence of alcohol again.

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