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(영문) 전주지방법원 군산지원 2018.09.05 2018고단688
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 4, 2018, the Defendant issued a summary order of KRW 3 million to a Gunsan Branch of the Jeonju District Court for a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 2 million to a fine in the same court on November 25, 2008.

On June 2, 2018, the Defendant was a person who had a drinking alcohol driver twice or more, and driven BNS car with approximately 0.089% alcohol level in the section of about 100 meters from the front day of the head of Sinsan-si, Hansan-si, Sinsan-si, the front day of Sinsan-si, the front day of Sinsan-si, to the front day of the three-way road without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, such as reporting on the circumstances of driving under drinking, and inquiries about the register of suspects' driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and application of Acts and subordinate statutes to investigation reports (Attachment of criminal

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case again even though he had the same criminal history, it is more favorable that the defendant committed the crime of this case.

Considering these circumstances and alcohol level of the defendant's blood alcohol level at the time of driving, the sentence is determined as ordered by considering the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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