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(영문) 전주지방법원 정읍지원 2014.09.23 2014고단319
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On August 5, 2002, the defendant issued a summary order of 700,000 won for a fine of 2 million won for a violation of the Road Traffic Act in the Jeonju District Court's regular branch court's support on January 18, 2010, a fine of 3 million won for a violation of the Road Traffic Act in the Jeonju District Court's regular branch court's support on July 30, 2010, and the above summary order became final and conclusive around that time. On May 14, 2013, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act in the Jeonju District Court's regular branch court's support on May 22, 2013, and the judgment becomes final and conclusive on May 22, 2013.

【Criminal Facts】

On June 18, 2014, at around 20:25, the Defendant driven the ESCORT 110 Obaba, while under the influence of alcohol content of about 0.082% without obtaining a driver’s license, from around the street in front of the 20:35 day from the street in front of the Sinan-Eup, Masan Village, Masan-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

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

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 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of punishment;

(a) Crimes of violating the Road Traffic Act: Selection of imprisonment;

(b) A crime of violating the Road Traffic Act: Selection of a fine;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is inevitable to sentence a sentence in light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has been punished several times for the same crime, and that he/she commits another crime during the period of probation for the same crime.

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