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(영문) 전주지방법원 군산지원 2014.12.03 2013고단1553
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 27, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on February 27, 2007, a summary order of KRW 2 million for the same crime in the same court on July 8, 2009, and a summary order of KRW 3 million for the same crime in the same court on August 20, 2010, respectively.

Around 20:40 on October 24, 2013, the Defendant, without a driver’s license, driven a car at approximately KRW 150 meters from the front of a cafeteria located in the Gunsan-si, 0.126% of blood alcohol level, while under the influence of alcohol, at approximately 0.126% of alcohol level.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to several criminal records of the same kind, but considering the fact that all of the criminal records of the same kind are punished by a fine);

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