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(영문) 전주지방법원 2014.12.19 2014고단1745
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 28, 2010, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on April 25, 2013, and a summary order of 4 million won by a fine at the Jeonju District Court on April 25, 2013, and on October 24, 2014, the above judgment became final and conclusive on November 1, 2014.

【Criminal Facts】

On October 12, 2014, at around 00:25, the Defendant: (a) driven a Creck venture car in the state of alcohol alcohol concentration of 0.126% without obtaining a driver’s license in approximately 8 KK section from the front day of the restaurant to the front day of the Yujin-gu in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Disqualification information;

1. A report on detection of a suspect who has violated the Road Traffic Act (free license or alcohol driving);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to inquiry reports, a copy of judgment, and the summary of case agreements and auxiliary statements;

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 latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of having been sentenced four times as a drunk driving, among the reasons for sentencing under the following Article 53 and Article 55(1)3 of the Criminal Act. In addition, there are criminal records prior to suspended sentence, and in particular, the crime of this case has a high possibility of criticism in that the defendant was indicted by drinking alcohol or without a license and re-influence during the lawsuit.

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