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(영문) 전주지방법원 정읍지원 2014.02.25 2013고단681
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 27, 2010, the Defendant was sentenced to imprisonment with prison labor for four months for a violation of the Road Traffic Act (driving) in the Jeonju District Court's branch court's support on May 27, 2010 and eight months for the same crime in the same court.

【Criminal Facts】

On December 5, 2013: (a) around 13:15, the Defendant driven a three-wheeled motor vehicle with a blood alcohol content of about 0.065% from the front of the “water satisfaction” road located in the Gosong-gun, Chang-gun, Chang-gu, Gosong-gun to the front of the same military high-water village.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence of this case is deemed inevitable in light of the fact that the sentence of this case was committed again, despite the fact that there was a past record of having been sentenced two times the punishment for the same crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., recognition of criminal conduct and mistake, disposal of vehicles, etc.).

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.

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