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(영문) 전주지방법원 군산지원 2018.08.17 2018고단677
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on June 27, 2008, and on May 24, 2017, the Defendant was sentenced to imprisonment for the same crime and for two years of suspended execution on September 9, 2017, and the said judgment became final and conclusive on September 9, 2017.

[2] On June 6, 2018, the Defendant: (a) was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving of alcohol); and (b) was driving B-type cargo vehicles under the influence of alcohol for about 0.064% of alcohol concentration without obtaining a driver’s license from the front side of the main road in which it is impossible to find out the trade name in the P-si Sinsan-si on the road in which it is impossible to at least 22:25, Jun. 6, 2018, the name in the P-si Sinsan-si.

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 in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. One time of a fine due to driving of alcohol for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act, one time of a suspended sentence of imprisonment, one time of a fine due to drinking and non-licensed driving, two times of a fine due to a suspended sentence of imprisonment, one time of a suspended sentence of imprisonment, and one time of a suspended sentence of imprisonment, and two times of a suspended sentence of a non-licensed driving, and in addition, the pertinent drinking and non-licensed driving. In particular, the crime of this case was committed during the suspended sentence of imprisonment due to drinking driving, which is disadvantageous to the offender during the suspended sentence period of nine months after the sentence became final and conclusive, and the amount of alcohol concentration in the blood alcohol is not so high and the distance between a non-licensed driving without a license is not set.

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