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(영문) 전주지방법원 2013.06.19 2013고단1242
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On March 31, 2010, 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 military mountain support, etc., and on September 1, 2011, on September 1, 201, the Defendant was sentenced to a suspended sentence of 6 months for the same crime in the same court, and the execution of the sentence was terminated in the Sejong Prison on June 16, 2012.

On March 20, 2013, at around 02:15, the Defendant driven a C Sti-type vehicle under the influence of alcohol content of 0.185% from around approximately 1km to the front way of the charging station in the Jin-gun of Jeonju-si, Seojin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A report on detection of a host driver;

1. Division: Resident, crime, investigation record inquiry, personal number of persons, current status of confinement, and application of Acts and subordinate statutes of the case inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is to recognize the facts of the crime, to the effect that the defendant recognized the facts of the crime, to reflect the bones of his/her drinking driving, and to the extent that there is no significant physical damage from the pertinent drinking driving, etc., in favor of the defendant, the defendant has been punished for drinking driving, and driving under the influence of alcohol and driving without a license on several occasions, including the two-time suspended sentence due to drinking driving, the one-time suspended sentence, and the one-time suspended sentence, and in particular, on June 16, 2012 after having been sentenced six months to imprisonment with prison labor for the same crime, and repeated the same crime during the period of a repeated offense, so it is inevitable to pronounce the sentence.

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