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(영문) 전주지방법원 정읍지원 2014.02.18 2013고단610
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Facts】

On June 3, 2013, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (refluence of the measurement) in the Jeonju District Court’s Jeonju branch on June 3, 201, and was sentenced to a fine of 300,000 won by the same court on July 20, 201, and was sentenced to a fine of 1.5 million won by the same court on May 20, 201, and was sentenced to a fine of 1.5 million won by the same court on April 15, 201.

【Criminal Facts】

On November 10, 2013, at around 15:40, the Defendant, without a bicycle's bicycle driver's license, driven the COba, which was not covered by mandatory insurance within approximately one kilometer of approximately 1 kilometer from the old market near the Gu market located in the time-Eup/Myeon, to the trine of the same city-Eup/Myeon, to the road front of the trine of the NOba, in a state of drinking alcohol concentration of 0.21%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents and on-site photographs;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62(1) of the Criminal Act (i.e., the fact that a person commits a crime and commits a mistake, the fact that there is no record of punishment heavier than that of the suspension of execution of the same crime, and the fact that a person disposes of sludge).

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