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(영문) 전주지방법원 2014.06.27 2014고단778
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On June 4, 2009, the Defendant was sentenced to six months by the Jeonju District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act, and completed the execution of the sentence in the Jeonju Prison on December 3, 2009.

【Criminal Facts】

1. Around 20:00 on November 17, 201, the Defendant, without a vehicle driver’s license, driven a C-pon vehicle at the section of approximately 2 km from the scopic scopira in front of the Jinjin-gu, Jinjin-gu to the roads in front of the scopic scopic scopa.

2. On May 13, 2014, the Defendant, without a driver’s license, driven the above 1km car at the section of approximately KRW 1 k from the street on the street in the front and front of the treatment apartment in the same Dong, from the street street in the front and rear-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on May 13, 2014, while under the influence of alcohol by 0.144% of the blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records, criminal suspects' previous records, and application of Acts and subordinate statutes to report attachment of written judgments;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act (Crime of Violation of the Road Traffic Act) among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes have the record of being sentenced seven times to the same crime. In particular, even though three concurrent crimes are included, the defendant committed the crime in this case again despite the fact that he/she committed the crime in this case, and some of them were committed during the repeated crime period, it is very unreasonable to sentence the defendant to the punishment and the nature of the crime.

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