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(영문) 전주지방법원 정읍지원 2013.04.02 2013고단32
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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of one million won on September 10, 2007 to a violation of the Road Traffic Act (driving) at the Jung-gu District Court of the Republic of Korea on December 11, 2009, a fine of two million won on the same crime from the Jeonju District Court of the Republic of Korea on December 11, 2009, and a fine of four million won on July 30, 201 from the Jeonju District Court of the Republic of Korea on July 30, 201.

【Criminal Facts】

On January 14, 2013, at around 13:42, the Defendant, without obtaining a driver’s license, driven B cargo in the section of about 15 kilometers from around 14-11 to the Agsan New Tri-ro 15 kilometers from the 3rd Dok-ro 14-11, the upper court, while under the influence of alcohol by 0.10%, while drinking the blood alcohol concentration of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry report on criminal records, etc. and investigation reports (a) 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 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 an alternative imprisonment with prison labor (with prison labor being sentenced to a fine on three occasions due to a crime committed while driving)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the recognition of and reflect on the instant crime, family relationship, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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