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(영문) 전주지방법원 정읍지원 2014.10.28 2014고단342
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 3, 2008, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court's support on November 10, 201, and ten months due to the same crime in the same court. On March 26, 2013, the Defendant was sentenced to imprisonment with prison labor for one year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) at the same court, and completed the execution of the sentence in the Jeonju prison on January 16, 2014.

【Criminal Facts】

On June 13, 2014, at around 23:58, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.165% without obtaining a driver’s license, from around 00:0 on June 14, 2014 to reaching the front point of 3 meters on the road from the Dju located in the Jeon-Eup Eup, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The General of Driver's Licenses (A);

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reporters;

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 35 of the Criminal Act among repeated crimes;

1. In light of the fact that there is a record of being punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and that another crime is committed during the period of repeated crime for the same crime, a sentence of sentence 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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