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(영문) 전주지방법원 정읍지원 2014.12.16 2014고단530

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 14, 2008, the Defendant issued a summary order of 1.5 million won or more due to a violation of the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support, etc., and around that time, the above summary order became final and conclusive. On October 21, 2010, the above court was sentenced to four months by imprisonment for a violation of the Road Traffic Act (driving) and the above judgment became final and conclusive around that time.

On 17:40 on 23:0 on 17:23:20, the Defendant driven a 50CC motor bicycle without obtaining a license for a motorcycle in the direction of about 4km from the front road in front of the front of the Si of the front-Eup in the front-Eup of the front-west, to the road in front of the 1168:0:0 in front of the front-west in the front-west, the e.g., the e., the blood alcohol concentration of about 0.201% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, it is deemed that a sentence of punishment is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is not good for the instant crime; and (b)

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.