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(영문) 전주지방법원 정읍지원 2014.09.18 2014고단353
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 3, 2009, the Defendant was sentenced to a fine of 700,000 won for the violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court's support on September 3, 2009; on October 31, 201, the Defendant was sentenced to a fine of 3 million won for the same crime; and on May 13, 201, the Defendant was under suspension of execution for 4 months for the violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court's support on May 13, 201, and was sentenced to a suspension of execution for

【Criminal Facts】

On May 26, 2014, at around 19:50, the Defendant is under the influence of alcohol with a blood alcohol concentration of 0.099% without obtaining a driver’s license in a about 5km section from the sub-Dong-dong Madam Village in Jung-dong, Seo-si to the world of the same time to the bend of the fireworks.

Switzerland driving Obama.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The General of Driver's Licenses (A);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (verification of the previous convictions, indictments, and records of trial proceedings), investigation reports, and 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 (the point of a sound driving) and subparagraph 2 of Article 154 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. In light of the fact that there is a record of being punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and that the suspended sentence was conducted again at the time when two weeks have not passed since the day when the suspended sentence was sentenced for the same kind of crime (driving and driving without a license), it is deemed that the sentence is inevitable.

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.

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