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(영문) 전주지방법원 2013.05.29 2013고단1018

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

On June 24, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act at the Jeonju District Court on April 23, 2010, and was sentenced to a fine of KRW 1 million for the same crime at the Daejeon District Court on April 23, 2010, and was sentenced to a fine of KRW 4 million at the Jeonju District Court on July 12, 201.

On February 27, 2013, at around 21:40, the Defendant driven a cunst truck under the influence of alcohol content 0.115% without obtaining a driver’s license from a section of about 200 meters in front of the sand in the Jinjin-gu Seoul Metropolitan City to the end of the cruise to the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and the driver's license register;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no criminal record exceeding the fine, and the fact that he reflects the crime of this case in depth);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;