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(영문) 전주지방법원 남원지원 2014.07.01 2014고단105

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 25, 201, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on September 25, 201, and on March 15, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On April 6, 2014, at around 14:57, the Defendant driven B truck truck truck truck truck truck truck vehicle under the influence of alcohol content of 0.105%, without obtaining a driver’s license, from the front and rear road to the front and rear distance in the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking drivers, and circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of three copies of criminal records and summary order under the Acts and subordinate 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 (the point of a sound driving) and 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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding probation and order to attend a lecture are to recognize and reflect the crime of this case, the defendant has no record of punishment exceeding the fine, and the defendant's age, character, conduct and environment, etc. are to be determined by taking into account the various sentencing conditions shown in the proceedings of pleadings of this case, such as the age