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(영문) 전주지방법원 2014.05.02 2014고단409
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On September 10, 2009, the Defendant was sentenced to six months by imprisonment with prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act at the Jeonju District Court on September 10, 2009; on August 25, 2010, the same court was sentenced to eight months by imprisonment with prison labor for a violation of the Road Traffic Act; on April 19, 2012, the same court was sentenced to one year by imprisonment with prison labor for a violation of the Road Traffic Act and completed the execution of the sentence in the Jeonju Prison on February 22, 2013; and on August 25, 2010, eight previous criminal records of the same kind were sentenced to eight times.

【Criminal Facts of Crimes】 around 11:00 on September 12, 2013, the Defendant: (a) drive Done Star Co., Ltd without obtaining a driver’s license in a section of about 500 meters from the roads in front of the domicile of the former west-gun C to the roads in front of the former west-gun of the Republic of Korea; (b) drive Done Star Co., Ltd without obtaining a driver’s license in a section of about 500 meters from the roads in front of the former west-gun of the Republic of Korea; (c) around 21:01 on the same day, the Defendant driven Done Star Co., Ltd without obtaining a driver’s license in a section of about 10 meters in blood alcohol concentration at around the roads near the said “Ya

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. 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. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the Defendant has been punished for drunk driving several times, and in particular, even though the number of criminal offenses are included during the period of repeated crimes, it is inevitable to sentence the Defendant to repeat the same crime during the period of repeated crimes.

However, the defendant confessions the crime of this case and seriously reflects the defendant, and the defendant of this case.

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