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(영문) 전주지방법원 2016.07.05 2016고단354
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 2, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Jeonju District Court, and on April 14, 2015, the Jeju District Court issued a summary order of KRW 5 million for the same crime.

On January 15, 2016, the Defendant driven a B-learning car without obtaining a driver's license in the state of alcohol concentration of 0.059% from the front of the cash withdrawal period at the Kojin-gu, Jinjin-gu, Seoul Special Metropolitan City, to the front of the said 70-ro o'clock and front of the said 10-meter road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects under the Traffic Act ( drinking or non-license) on the road;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the same criminal record and a copy of the judgment of the suspect);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for the protection and observation of orders to attend lectures and the punishment under Article 62-2 of the Act – The circumstances unfavorable to the defendant are two times the same criminal records and repeated crimes in a short period; - Circumstances favorable to the defendant: serious reflectivity, excessive fines, and the degree of the principal action is not relatively severe; - Other comprehensive matters constituting the conditions for sentencing under Article 51 of the Criminal Act.

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