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(영문) 전주지방법원 2013.09.25 2013고단1753
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 14, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on August 14, 2007. On August 29, 2012, the same court was sentenced to a fine of 6 months for a violation of the Road Traffic Act (driving) and completed the execution of the sentence in the Jeonju Prison on January 19, 2013.

1. On July 2, 2013, the Defendant was under the influence of alcohol with 0.208% of the blood alcohol concentration without a driver’s license at a section of approximately 300 meters from the street in front of the front door of the arm’s length of the front city of the front city of the front city to the front door of the same military oriental medicine bank. On July 23:11, 201, the Defendant driven C49cc under the influence of alcohol concentration of 0.208% without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of Oral Ba, and the Defendant operated the said Oral Ba, which was not covered by mandatory insurance, at the time and place specified in paragraph 1, even though he was prohibited from operating a motor vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The ledger of mandatory insurance, and driver's licenses;

1. Previous records of judgment: Application of inquiries and inquiries, such as criminal records, investigation reports (former records and attachment of judgment), individual identification and confinement status Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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 among repeated crimes;

1. The defendant for reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) was punished by drinking or unlicensed driving act several times, and in particular, the defendant was punished by the same kind of crime.

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