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(영문) 전주지방법원 군산지원 2014.05.22 2014고단223

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2014, at around 16:50, the Defendant driven Bone Star in the state of under the influence of alcohol 0.298% without obtaining a driver’s license from around 500 meters in a distance of approximately 500 meters from the day before the frequency in which it is impossible to find out the trade name in the non-oper-dong in the military, Sinsan-si to the day before the atomic-ray in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the standing status of drivers, and driver's license inquiry;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the same Act concerning the choice of imprisonment;

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

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 on December 30, 2013, the Defendant was sentenced to a fine of four million won due to drunk driving on December 30, 2013, and the driver’s license was revoked due to the foregoing drunk driving, and the Defendant committed the crime of drinking without a license again within a short time, and the drinking level is very high, and the quality of the crime is not good.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account all the circumstances such as the defendant's occupation, age, etc., such as the fact that the defendant has no previous conviction except the above drunk driver's previous conviction, the fact that the defendant has committed the crime in depth, etc.