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(영문) 전주지방법원 정읍지원 2015.10.13 2015고단423
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant was issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court and on July 15, 2014, and was sentenced to one year of suspension of the execution for six months for a violation of the Road Traffic Act (driving) in the same support on July 15, 2014, and was sentenced to a total of four times of punishment for a violation of the Road Traffic Act (driving) as well as the final judgment on the 23th day of the same month.

On August 29, 2015, at around 14:10, the Defendant driven B lebba while under the influence of alcohol content of 0.066% without a motorcycle driver’s license, from around the king village in front of the king, which is located in the ancient Dog-gun, Gosi-gun, Gosi-gun to the front day of the king-si, Gosi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A control statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstantial statements of a drinking driver, and report on the circumstances of the driving of a drinking house;

1. Registers of driver's licenses, inquiries about the grounds for disqualification of the main office, and inquiries about the chassis;

1. Previous records: Application of a reply to inquiry, such as criminal records, a criminal investigation report, and criminal investigation report (report on the same kind of records as the defendant added to the defendant), and 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished four times due to drunk driving, and the defendant was placed in the prior place of suspended sentence (one year of suspended sentence for six months due to the violation of the Road Traffic Act, etc. in the previous Jeju District Court’s Support on July 15, 2014) for the same crime, but was sentenced to the suspension of sentence for the same crime, the defendant again committed the instant crime without being subject to the suspension of sentence for the violation of the Road Traffic Act, and the risk of repeating the crime is high and the crime is inevitable to be sentenced

However, it is true that the defendant has committed a crime and reflects it.

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