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(영문) 전주지방법원 남원지원 2014.10.28 2014고단185
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On June 12, 2008, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act, etc. at the Jeonju District Court on August 12, 2008. On April 12, 2011, the Defendant was sentenced to a suspended sentence of three years for one year for the crimes of violation of the Road Traffic Act, etc. at the Jeonju District Court's Southern Branch of the Jeonju District Court on April 12, 201. On December 11, 2012, the Defendant was sentenced to a fine of six million won for the crimes of violation of the Road Traffic Act at the Jeonju

【Criminal Facts】

On July 1, 2014, at around 19:00, the Defendant driven a D-wing truck under the influence of alcohol level of 0.196% while under the influence of alcohol level of 0.196%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. Reports on internal accidents (related to the application of the Madro mark);

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of six copies of Acts and subordinate statutes, such as criminal records and written judgments;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include many records of punishment for drunk driving. In light of the fact that the Defendant again committed the instant crime even though he/she was sentenced by the first instance court in around 2012 despite having been sentenced by a fine in the appellate court even though he/she was sentenced by the first instance court, and that the blood alcohol content is considerably high and the distance of driving of the Defendant reaches three kilometers, it is inevitable to sentence the Defendant’s sentence.

However, the fact that the defendant recognizes his mistake and reflects it, and the age, character and conduct, environment, circumstances before and after the crime, etc. are committed.

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