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(영문) 전주지방법원 군산지원 2015.06.25 2015고단373

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 November 23, 2006, the Defendant received a summary order of KRW 1,500,000,000 for a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s branch on November 23, 2006, and a summary order of KRW 5 million for the same crime, etc. in the Jeonju District Court’s military mountain support on April 10, 2014.

【Criminal Facts】

On April 3, 2015, at around 19:15, the Defendant driven Cunstststun trucks under the influence of alcohol content of 0.141% without obtaining a driver’s license from a section of about 400 meters from the northwest-dong, South and North Korea to the 365 front roads in the Hasan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses and resident inquiries;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant in light of the fact that the defendant had been punished several times due to drinking driving, etc., even though he/she caused the crime of this case.

As such, the Defendant is selected to be sentenced to imprisonment with prison labor, and the following factors are considered comprehensively: the Defendant’s health condition and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime.