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(영문) 전주지방법원 2014.06.20 2014고단305
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 23, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to the crimes of violation of the Road Traffic Act in the Jeonju District Court. On July 31, 2008, the Jeonju District Court issued a summary order of 1.5 million won of fine and the summary order of 1 million won of fine at the Jeonju District Court on November 9, 2006 due to the crimes of violation of the Road Traffic Act.

On February 4, 2014, at around 0.121 percent of blood alcohol concentration, the Defendant driven C 2 truck in the section of approximately 1 kilometer from the day front of the Sokjin-gu, Jinjin-gu, Seoul to the road front of the same lot of park parking lot in the vicinity of the same lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of inquiries, such as criminal records, and criminal investigation reports (attached to a summary order issued on the same type of power);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the history of having been sentenced to multiple punishments for the same kind of crime. Among them, despite the fact that the criminal records of probation include the criminal records of probation, the sentence of the crime and the nature of the crime in this case is unlimited, but the sentence of the crime in this case is to be imposed, in view of the fact that the defendant confessions and reflects the crime in this case, the reason why the defendant led to the crime in this case and the family environment of the defendant, etc., the sentencing data stated in the records of this case, including the reasons why the defendant committed the crime in this case,

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