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(영문) 전주지방법원 군산지원 2014.11.05 2014고단930
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Jeonju District Court’s Gunsan Branch on June 28, 2010, a summary order of KRW 4 million due to the same crime in the same court on July 26, 2010, and a summary order of KRW 5 million due to the same crime in the same court on January 20, 2014.

On May 24, 2014, the Defendant, without a driver’s license around 16:16, driven a motor vehicle in the section of 30 kilometers from the front day of the “Yaun farm” in the front day of the “Yaun farm” in the front day of the “Yaunri-si, 0.070% of blood alcohol alcohol level to the front day of the “Yaunri-si, Yan-si,” which is located in the front day of the “Yaunri-si, North

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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