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(영문) 전주지방법원 2018.05.29 2018고단229
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant issued a summary order of a fine of five million won for a violation of road traffic law at the Gwangju District Court on November 14, 201, a summary order of a fine of four million won for the same crime from the original branch of the Chuncheon District Court on November 14, 2014, and on December 13, 2016, the Defendant was sentenced to a suspended sentence of one year for three months for the same crime at the common military court of the Camp-gun headquarters on December 13, 201.

On December 31, 2017, at around 23:58, the Defendant driven a k5-car under the influence of alcohol concentration of about 0.075% while under the influence of alcohol without obtaining a driver’s license from the tamp tamp tamp tamp 288, which is located in the front of the tamp tamp tamp 250, 250, the same Gu Hongsan-ro, from the front of the coffee shop to the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records of having already been punished three times due to drunk driving. Moreover, on December 13, 2016, despite the fact that the Defendant was sentenced to a suspended sentence of imprisonment for three months due to drunk driving on December 13, 2016, the Defendant was engaged in driving without obtaining a license or driving under drinking even long as the period of the suspended sentence expires.

In this context, the defendant's age, occupation and living environment, the defendant's blood alcohol concentration and driving distance are considered and sentenced to the same sentence as the order.

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