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(영문) 전주지방법원 2016.09.13 2016고단587
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

"2016 Highest 587"

1. On December 5, 2006, the Defendant violated the Road Traffic Act (drinking driving) issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court on September 17, 2008; the same court issued a summary order of KRW 3 million for the same crime; on April 13, 2012, the Defendant was sentenced to imprisonment for eight months and two years for the same crime; and on December 28, 2015, the Defendant was issued a summary order of KRW 7 million for the same crime at the same court.

Nevertheless, on April 19, 2016, the Defendant driven C observer car at around 100 meters away from the 100-meter section to the front road of the white relic in the same Dong, under the influence of alcohol content of at least 0.276% from the 100-meter section to the front road of the white relic in the same Dong.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said car without obtaining a driver’s license at the same time and place as paragraph 1.

On April 13, 2012, the Defendant was sentenced to a suspended sentence of two months for a crime of violating the Road Traffic Act at the Jeonju District Court on April 13, 2012. On December 28, 2015, the Defendant was sentenced to a summary order of seven million won for the same crime at the same court on December 28, 2015. On May 19, 2016, the Defendant was under a suspended sentence of seven million won for a crime of violating the Road Traffic Act.

On June 12, 2016, around 12:30, the Defendant driven a Cobserver car without a driver’s license, while under the influence of alcohol leveling 0.341% of alcohol level from around 200 meters to the front road of the passenger log located in 19-4 of the same Gu Somasan-dong, Samcheon-gu, Samcheon-gu, Seoul-do.

Summary of Evidence

"2016 Highest 587"

1. Statement by the defendant in court;

1. A report on the detection of the primary driver and a report on the circumstances of the primary driver; and

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