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(영문) 전주지방법원 2013.09.25 2013고단1766
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2007, the Defendant was issued a summary order of a fine of three million won at the Jeonju District Court for a violation of the Road Traffic Act (driving). On January 12, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.

On July 23, 2013, the Defendant: (a) driven a Clstren motor vehicle under the influence of alcohol content of about 0.174% at the distance of about 300 meters from the road near the main place where the name of the wife of the Synsan-gu Synsan-si is unknown; and (b) from the road near the main place where the name of the wife of the Synsan-gu Synsan-si is unknown, the Defendant driven a Clstren-si motor vehicle under the influence of alcohol content of about 0.174%

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports, such as criminal history, and a copy of each written judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is that the defendant has been punished several times due to drunk driving and unlicensed driving. Among them, the defendant has been sentenced to a suspended sentence of imprisonment for the same kind of crime even though the enemy who has been sentenced to a suspended sentence of imprisonment for the same reason two times. However, the defendant is repeatedly sentenced to the same crime, and the punishment is determined as ordered in consideration of various factors of sentencing indicated in the arguments in the instant case, such as the confession and reflect of the crime in this case, the defendant's age

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