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(영문) 전주지방법원 남원지원 2013.09.03 2013고단180
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 8, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a fine of KRW 2 million for a crime of violation of the Road Traffic Act in the support of the Southern District Court on December 28, 2009. On May 8, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Road Traffic Act in the support of the Southern District Court of the Jeonju District on May 8, 2012.

At around 20:00 on July 12, 2013, the Defendant, from the Knan apartment parking lot located in Geumwon-si, Namwon-si, to the air conditioners located in Jeonnam-gun, the Defendant did not obtain a driver’s license at a section of about 20km in the air conditioners located in Jeonnam-gun, Mudo, and Cco-do, while under the influence of alcohol content of about 0.114%, driven a motor vehicle with blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (where the defendant reflects the crime of this case in depth and the judgment is finalized, circumstances in which the previous suspended punishment should be imposed together);

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