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(영문) 전주지방법원 2014.03.26 2013고단2215
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 30, 2012, the Defendant issued a summary order of 6 million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on January 30, 2012, and on May 30, 2013, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 30, 201, and was sentenced to a suspended sentence of 1 million won on June 8, 2013.

On October 11, 2013, the Defendant, without a driver’s license, driven a Cren motor vehicle at approximately 300 meters away from the roads front of Kim Jong-dong Kim Jong-dong Kim-dong to the road front of Kim Jong-dong Kim Jong-dong, which is a control point, while under the influence of alcohol of 0.05% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving and the driver's license register;

1. Previous records: References to criminal records and the application of a copy of each written judgment;

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 under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the career of being punished twice due to drunk driving. In particular, the crime of this case is deemed to have committed the same kind of crime during the period of probation, and the crime of this case is not easy, considering the nature of the crime and the circumstances of the crime. However, the punishment of this case shall be imposed in consideration of various sentencing conditions indicated in the records of this case, such as the blood alcohol concentration, the defendant's age, character and conduct, environment, and the circumstances leading to the crime of this case.

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