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(영문) 전주지방법원 남원지원 2015.11.10 2015고단216
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with a fine of KRW 1,500,000 with the same crime in the Seoul District Court's Southern District Court's branch on October 12, 201, and the same court issued a summary order of KRW 1.5 million with the same crime, etc.

On September 16, 2015, at around 19:50 on September 16, 2015, the Defendant driven the Caltoba, which was not covered by mandatory insurance without a driver’s license, while under the influence of alcohol content of 0.141% at a section of about 500 meters, from the Do near the restaurant to the road near the ethic road of the same ethic body of the ethic body of the ethic body of the military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning the operation of motor vehicles which are not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;

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