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(영문) 전주지방법원 2018.06.19 2018고단89
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2013, the Defendant was issued a summary order of KRW 1 million from the Jeonju District Court to a violation of the Road Traffic Act (drinking driving), and KRW 5 million from the Jeonju District Court military mountain support on May 24, 2017 to a fine of KRW 5 million, respectively.

Nevertheless, on January 1, 2018, the Defendant driven a motor vehicle with B low-water car without obtaining a driver's license in the direction of about 7.6 km from the home flusing road located in 771 in accordance with the Jin-gu Seoul Special Metropolitan City, Seojin-gu white Island to the day before sunrise gas charging station in 1399 with the same Dong unit to the day before sunrise gas filling station in the same Gu unit.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Investigation report (the place of departure and the specified distance for the vehicle);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of previous personal history), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense subject to the relevant Acts and subordinate statutes;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The Defendant, for the reason of the probationary observation of Article 62(1) of the Act on the Suspension of Execution of Sentence 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity, and the sentencing of Article 62-2 of the Act on the Punishment of Community Service and Order to Attend the lecture, was under the influence of a fine three times or more due to drinking, but was under the influence of a fine, was under the influence of a drinking without a license.

However, there is no criminal history exceeding the same kind of fine, and the age, occupation, living environment, and control of the accused.

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