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(영문) 전주지방법원 정읍지원 2014.11.18 2014고단492
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 29, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Jeonju District Court's branch court's support on January 29, 2013. On September 10, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime and two years for the same crime, and the judgment becomes final and conclusive on September 17, 2013, and is currently under probation.

【Criminal Facts】

피고인은 2014. 9. 20. 15:40경 전북 부안군 부안읍 번영로 155에 있는 선인약국 앞길에서부터 같은 읍 번영로 200에 있는 부안 개인택시 사무실까지 약 400미터 구간에서 혈중알콜농도 0.223%의 술에 취한 상태에서 C 효성랠리50 오토바이를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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

1. It is deemed that a sentence of punishment is inevitable 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 suspended execution of the same crime;

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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