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(영문) 전주지방법원 2014.11.21 2014고단1381
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On September 13, 2013, the Defendant issued a summary order of KRW 3 million by the Jeonju District Court for a violation of the Road Traffic Act, etc. and KRW 2 million by the same court on November 25, 2010.

【Criminal Facts】 On August 21, 2014, the Defendant, without a driver’s license of a motor vehicle on August 21, 2014, driven a HDam-mick Village in front of the Yongsan-gu Jinjin-gu, Seoul, with a blood alcohol concentration of 0.215%, while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous for judgment: Application of criminal records and other inquiries, investigation reports (a copy of indictment and a copy of summary order attached) 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, 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 imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, even though the Defendant had had had had had had had had had had had had had had had had been sentenced twice due to drunk driving and four times due to unlicensed driving, and not only again committed the instant crime, but also high level of drinking driving level, etc., the punishment as ordered is determined by taking into account the following factors: (a) although the circumstances and the nature of the instant crime are not less than that of the Defendant’s confession and seriously against the instant crime; (b) there was no criminal conviction exceeding the fine due to the same crime; and (c) there was no criminal conviction beyond the fine due to the same crime

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