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(영문) 전주지방법원 2014.10.31 2014고단1228
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 11, 2010, the Defendant was sentenced to a fine of two million won by the Jeonju District Court for a violation of the Road Traffic Act, and a fine of three million won by the same court on September 30, 2010.

On June 20, 2014, the Defendant: (a) while under the influence of alcohol by 0.220% of the blood alcohol concentration without a motorcycle driver’s license on June 20, 2014, the Defendant driven CV 125 motorcycles in front of the 407 main apartment house located in the Yansan-gu Peacedong at the Jeonju-si, Jeonju-si, to the front road of the cafeteria of the “Yannam-gu,” located in the same Dong.

On August 28, 2014, the Defendant, around 14:55, operated C non-band155 motor bicycles in the section near the original intersection in the front city of 15 meters, while under the influence of alcohol by 0.181% of the blood alcohol concentration without a driver’s license, around August 28, 2014.

Summary of Evidence

[2014 Highest 1228]

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Badiopia and CCTV photographs;

1. Registers of driver's licenses;

1. Previous records of judgment: A inquiry report and investigation report including criminal records, etc. (Attachment to the same type of judgment attached to the same type of power);

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (the same type of criminal records, written judgments, and reports attached to indictments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. A punishment shall be imposed for a violation of the Road Traffic Act (a crime provided for in the provisions of Article 40, Article 50) of the Commercial Concurrent Crimes Act (a crime of violation of the Road Traffic Act referred to in subparagraph 128 of Article 2014) and the Road Traffic Act (a without a license), a crime of violation of the Road Traffic Act referred to in subparagraph 1462 of Article 20, a crime of violation of the Road Traffic Act referred to in subparagraph 1462 of Article 40 and each punishment is more severe.

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