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(영문) 전주지방법원 정읍지원 2014.04.15 2014고단45
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 5, 2007, the Defendant was issued a summary order of a fine of 3.5 million won for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Jung-Eup branch on March 25, 2010. On March 25, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. in the same court. On February 16, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and completed the execution of the sentence in the Jeonju prison on August 15, 2012.

【Criminal Facts】

On January 17, 2014, at around 21:35, the Defendant driven Cp rocketing car with a blood alcohol concentration of about 0.169% from a 500-meter section from the front of a restaurant in the mutually influent city of Si/Eup to the front of a sampling tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in the judgment: Application of criminal history records, inquiry reports (the confirmation of the date of release, and the fact that the period of repeated crime is in progress);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that discretionary mitigation of punishment was imposed three times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that there was a record of having been sentenced one of them, and that the crime was committed during the period of repeated crime, a sentence of punishment is deemed inevitable.

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.

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