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(영문) 전주지방법원 2014.07.18 2014고단777

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 26, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Jeonju District Court on May 26, 2009, and was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for a violation of the Road Traffic Act at the Jeonju District Court on September 10, 2009.

【Criminal Facts】

Around 22:00 on May 26, 2014, under the influence of alcohol, the Defendant driven a HL car at a section of about 2 km from the Defendant’s house located in Kim Jong-si to the front road of the same Rib village in front of the house in Kim Jong-si, while under the influence of alcohol by 0.20%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (applicable to the same type of power and summary order attached thereto);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation have the record of being sentenced four times to the Defendant for drunk driving. While the previous conviction was included once, the Defendant again committed the instant crime even though the previous conviction was included one time, in light of the fact that the Defendant had committed the instant crime, and that the level of drinking driving under the influence of alcohol was very high, the Defendant was sentenced to the sentence, but the Defendant has a very heavy nature of the crime and the nature of the relevant crime. However, the Defendant has led to the confession and the serious reflection of the instant crime, and the sentencing materials indicated in the instant records, such as the background leading to the instant crime and the Defendant’s family environment, etc., are considered to be taken into account.