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(영문) 전주지방법원 2014.10.31 2014고단1364

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 12, 2014, at around 03:49, the Defendant, without a car driver’s license, driven the instant BM5 car with 4 KK points in the first heading of the national highway in the Gang-si, Gang-si, Yasan-si, Jinsan-si, under the influence of alcohol content of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture, despite the fact that the defendant had already been punished for the same kind of crime, was committed again. In particular, the crime of this case was committed repeatedly while the defendant was charged for driving without a license on May 5, 2014. In light of the fact that the crime of this case was committed repeatedly, the circumstances and nature of the crime of this case are very heavy, but the defendant confessions and seriously reflects the crime of this case, the defendant does not have any criminal record exceeding the fine due to the same kind of crime, and the sentencing materials on the records of this case, such as the defendant's home environment, etc., shall be determined the same sentence as the order