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(영문) 전주지방법원 남원지원 2013.11.19 2013고단206
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 13, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 13, 2006. On June 12, 2009, the Defendant was sentenced to a fine of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 12, 2009. On February 19, 2010, the Defendant was sentenced to a summary order of KRW 3 million as a fine for a crime of violation of the Road Traffic Act (driving) at the Jeonju District Court's Southern Branch support on February 19, 2010. On February 14, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for one year.

On July 12, 2013, around 23:20, the Defendant driven Croping car while under the influence of alcohol content of about 0.148% without a vehicle driver's license in the 3km section of approximately 3km from the Croping road near the Croping-si, Southern-si to the front road of the Croping-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment, such as a copy of identical criminal records and a copy of 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 (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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. In light of the fact that the defendant was punished for the same kind of crime, and that the defendant committed the crime of this case while being sentenced to the suspended sentence, it is inevitable to sentence the defendant to the punishment for the defendant, considering that he committed the crime of this case during the suspended sentence.

However, if this judgment becomes final and conclusive, it shall be the same as the order in consideration of the fact that the defendant has to return the suspended punishment together and that the defendant's health status is not good.

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