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(영문) 전주지방법원 2018.07.10 2018고단297
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 19, 2018, at around 03:50, the Defendant driven Cschton car under the influence of alcohol concentration of about 0.114% in blood without a vehicle driver’s license from the section of about 10km in the direction of the new wall market, which is located in the Full-Time Automatic New Market in the Jeoncheon-gu Seoul Metropolitan City, to the roads in front of the Jinjin-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A report on internal investigation (on-site conditions and related photographs);

1. Inquiry into the partnership of the main office;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. The circumstances favorable to the defendant are that the defendant's reasons for sentencing selective sentencing of imprisonment with prison labor reflects the error, and that a single fine is entirely punished due to drinking driving.

However, the Defendant had been punished for drinking driving in 2016, and in September 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act for six months and was sentenced to a suspended sentence for one year in September 2017, but was in the period of suspended sentence, and was under the influence of drinking without being aware of it.

In this context, the defendant's age, details of the crime, etc. shall be determined as per the disposition.

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