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(영문) 전주지방법원 군산지원 2017.05.19 2017고단411
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 June 30, 2003, the defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law in the military support of the Jeonju District Court on June 30, 2003; on June 8, 2004, the same court issued a summary order of KRW 2 million for a crime of violating road traffic law; on May 17, 2007, the Jeonju District Court was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law (driving), and on November 20, 2008, for a crime of violating road traffic law (driving), at the military support of the Jeonju District Court on November 20, 2008.

[2] On March 11, 2017, the Defendant driven a C Poter truck under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.246% from the front side of the future fisheries in the city of Ysan-si without a driver’s license to the front side of the National Bank located in the same city of Ysan-si without a driver’s license.

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 again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be sentenced to imprisonment with prison labor for up to eight months in that he/she has been subject to criminal punishment on several occasions due to the reason of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity and driving without a license, but repeats the same crime without his/her control, and that the alcohol concentration in blood is reasonable.

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