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(영문) 전주지방법원 2013.12.04 2013고단2196

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Jeonju District Court on November 2, 201, to a fine of KRW 1 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) at the Jeonju District Court on December 12, 20

At around 21:55 on October 11, 2013, the Defendant driven a CFF car under the influence of alcohol content of 0.120% without obtaining a driver’s license from around 3 km section from the front side of the restaurant located in the Seogjin-gu Seoul Special Metropolitan City to the front side of the senior citizens’ welfare center located in the Sogjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and inquiry (motor vehicle register and driver's license);

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry inquiry, such as criminal history;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had had a record of being punished several times due to drunk driving and driving without a license, but it does not seem that the nature of the instant crime is less light in the period of probation.

However, in consideration of the overall form of punishment, such as the fact that the defendant is divided in depth into the crime of this case and the fact that the suspension of execution already sentenced can be invalidated as the case, etc., the same punishment as the order shall be determined.