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(영문) 전주지방법원 정읍지원 2015.11.26 2015고단515
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 5, 2014, the Defendant was sentenced to six months in the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Jeonju Prison on April 5, 2015.

On August 22, 2008 and February 11, 2009, the Defendant was sentenced to imprisonment with prison labor for one year in the Jeonju District Court’s branch on April 9, 2009, as a result of driving under the influence of alcohol.

On September 3, 2015, the Defendant, as a person who violated the provision on the prohibition of drunk driving under the Road Traffic Act two or more times, driven CV125 Meba while under the influence of 0.189% of alcohol without obtaining a motor device license from the section of the section of the section of the Road Management Act from around 500 to around the roads in front of the luxa village located in the luxa located in the luxan-gun-gun of the North Korean Peninsula on September 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (related to the scene of traffic accidents and the measurement of drinking;

1. The actual survey report on traffic accidents;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. The user ledger of the measuring instruments for drinking;

1. The driver's license ledger;

1. Evidence and photographs of the traffic accident scene;

1. Previous records: Application of inquiry statements, such as criminal records, 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. Article 35 of the Criminal Act among repeated crimes;

1. Taking into account the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following sentencing factors favorable to the defendant) is highly likely to have been punished for the same crime, the defendant committed the instant crime during the period of repeated crime due to the same kind of crime, and the numerical value of blood alcohol concentration is considerably high, the defendant led to confession and reflects the instant crime.

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