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(영문) 전주지방법원 군산지원 2016.06.01 2015고단237
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On December 24, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic law (drinking driving) in the Gunsan Branch of the Jeonju District Court on December 24, 2012, and a fine of KRW 2 million for the same crime in the same court on February 17, 2014.

[2] On October 5, 2014, the Defendant driving a motor vehicle at approximately KRW 200 meters away from the road front of the species, such as the tea, etc. located in the Yansan movable at around 21:40, to the road front of the bones of the species at the same time, without obtaining a motor vehicle driver’s license, while under the influence of alcohol content of at least 0.163% in blood.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions: References to criminal history, inquiry reports, application of a copy of summary order, and other 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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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

1. Determination of the same sentence as the order shall be made, taking into account the following factors in the sentencing of Article 62-2 of the Criminal Act: the defendant's drinking, driving without a license, drinking volume, and other various sentencing factors recorded in the records, such as the defendant's age, environment and circumstances before and after the crime;

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