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(영문) 전주지방법원 2014.07.25 2014고단810
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 25, 2012, the Defendant was sentenced to a suspended sentence of 2 months by the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act. On April 8, 2010, the Jeonju District Court issued a summary order of 1.5 million won by a fine for the violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant committed a crime of violation of the Road Traffic Act more than twice like the foregoing criminal power, the Defendant, without a driver’s license on October 04:5, 2014, was under the influence of alcohol of 0.134% on the blood alcohol level without a driver’s license on October 04:5, 2014, driving BRad truck from the front side of the Red Sea Batop, which is located in Songcheon-gu, Songcheon-gu, Jeoncheon-gu, Jeoncheon-gu, Jeoncheon-gu, Jeoncheon-gu, to the front day of the 771 Yak-gu, Hongjin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Data on licenses and inquiries;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to report the same criminal records and a copy of the 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 a history of being punished three times for drunk driving and two times for non-licensed driving, etc., in spite of the previous convictions included in the previous convictions. In addition, the crime of this case is very low immediately after the completion of the period of probation due to drunk driving, and thus, the defendant is sentenced to the punishment, and the defendant is also sentenced to the punishment.

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