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(영문) 전주지방법원 정읍지원 2016.12.22 2016고단451
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2009, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Jeonju District Court's Jeonju Branch's Support on January 2, 2009, and on June 7, 2016, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Jeonju District Court's Full Branch's Support on June 7, 2016 and was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act.

On August 30, 2016, at around 21:55, the Defendant driven a B Sti-type car under the influence of alcohol content of 0.078% while the driving license was suspended from July 5, 2016 to September 2, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The details of the circumstantial statement of a drinking driver, and the details of the use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports, and criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that he commits an error and the fact that he commits a compliance operation);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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