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(영문) 전주지방법원 2014.01.22 2013고단2530
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On October 04, 2009, the Defendant was sentenced to a suspended sentence of two months at the Jeonju District Court for the crimes of violation of the Road Traffic Act, etc., and on September 15, 2010, the Jeonju District Court sentenced eight months to imprisonment for the crimes of violation of the Road Traffic Act at the Jeonju District Court for the crimes of violation of the Road Traffic Act, etc., and was released on September 30, 201 during the execution of the sentence on parole on November 04, 201.

On October 20, 2013, at around 22:31, the Defendant driven CM5 car in a state of alcohol of about 500 meters alcohol concentration from the yellow dust distance in the Yellow City Kim Jong-si to the front of the common road in the Yongsan-dong in Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records and other inquiries and investigation reports (the confirmation report of criminal records A of the same kind as a suspect and the end date of execution of punishment)-related Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished for drunk driving and unlicensed driving several times, and, in particular, even if he was sentenced three times and one time and one time and more, repeats the same crime during the period of repeated crime, and thus, the sentence is determined as ordered by comprehensively taking account of the records, such as the fact that the sentence is seriously contradictory, the health condition of the Defendant and his spouse, etc.

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