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(영문) 전주지방법원 2014.04.18 2014고단42

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a fine of 2.5 million won at the Jeonju District Court on Nov. 10, 2009, and a fine of 5 million won at the same court on Apr. 9, 2012, respectively for the same crime.

【Criminal Facts】

1. 2014. 1. 11.의 범행 피고인은 2014. 1. 11. 00:52경 자동차운전면허를 받지 아니하고, 혈중알콜농도 0.141%의 술에 취한 상태에서 전주시 완산구 효자동에 있는 톡톡톡 식당 앞길에서부터 같은 동에 있는 우리들 정형외과 앞길에 이르기까지 C SM5 승용차량을 운전하였다.

2. The Defendant, on January 15, 2014, driven the pertinent SM5 vehicle volume from the front day of the 220 Hanyang-gu in the front day of the 220 Hanyang Hospital to the front day of the 10 YY peace store in the 10th day of the 15th day of the 201st day without obtaining a driver’s license on January 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses, vehicle inquiries, and vehicle driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power), statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is the fact that the defendant again committed the crime of this case despite the fact that he had been punished several times for the same kind of crime.