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(영문) 전주지방법원 남원지원 2017.01.24 2016고단248
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On March 15, 2007, the defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (drinking driving) in support of the Southern District Court of the Jeonju on March 15, 2007, and on August 19, 2016, the same court issued a summary order of a fine of one million won due to a violation of road traffic law (drinking driving).

[2] On November 21, 2016, the Defendant, without obtaining a license for a bicycle for a motor engine device at around 15:00 on November 21, 2016, operated approximately KRW 1km-100 occti-100 occ in the section from the front side of the Dong forest restaurant located in the South Won-si Port under the influence of alcohol content 0.070% in alcohol during blood to the general tourist guide in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of summary order of the same kind of suspect);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of alcohol content in blood, status at the time of detection, background of driving, the fact of scrapping of Otobane after the instant case, and the punishment of the prosecutor, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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