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(영문) 전주지방법원 군산지원 2016.05.25 2016고단49
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle B k5 without a vehicle driver’s license from the coast of the white water in Yong-gun, Young-gun, Nam-gun, Nam-si to the front road in Yansan-si, Chungcheongnam-si, Gyeongsan-si, the lower court driven a vehicle B k5 vehicle from around 110 Km of the road without a vehicle driver’s license.

2. On July 24, 201, the Defendant is a person who has been sentenced to a summary order of a fine of two million won or more due to a violation of road traffic laws in the Jeonju District Court's Gunsan Branch on July 24, 201, and a person who has been sentenced to a summary order of a fine of five million won or more due to the same crime in the same court on November 26, 201, by receiving a summary order of a fine of five million won or more due to the same crime in the same court on November 26, 2015.

On December 13, 2015, at around 01:00, the Defendant driven B k5 automobiles while under the influence of alcohol for about 0.149% without a driver’s license while driving a vehicle with approximately two meters from the front side of the southwest-dong, Young-dong, Young-si. In addition, the Defendant driven B k5 automobiles without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the defendant, who had been punished twice due to the driving of drinking for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence, has been under the influence of driving without a license for drinking, the nature of the crime is not weak, the defendant has no record of being punished exceeding the fine due to the same kind of crime.

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