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(영문) 전주지방법원 남원지원 2015.01.20 2014고단279
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On October 6, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju, and a summary order of KRW 3.5 million for the same crime in the same court on July 11, 2014, respectively.

【Criminal Facts】

At around 14:50 on October 16, 2014, the Defendant driven a C Poter Cargo without a driver’s license, while under the influence of alcohol level of about 0.149% at the section of approximately 6km of blood alcohol level, from the Do in front of the noon-ri village to the road front of the Southern-si Potering station in the south-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of criminal records and summary orders of the same type of suspect) and 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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had the record of having been punished several times for the same crime; (b) the Defendant committed the instant crime again at least three months after having been punished for the same kind of crime; (c) the blood alcohol concentration is considerably high; and (d) the Defendant recognized his mistake and reflected against the Defendant during the pleadings of the instant case; and (c) the punishment shall be determined as ordered by taking account of all the

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