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(영문) 전주지방법원 2014.07.25 2014고단811
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 5, 201, the defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution due to a violation of the Road Traffic Act (driving) by the Jeonju District Court on July 5, 201. On January 5, 2009, the same court issued a summary order of 5 million won of fine due to a violation of the Road Traffic Act (driving) by the same court on May 6, 2008, a summary order of 1 million won of fine due to a violation of the Road Traffic Act (driving) and a summary order of 1 million won of fine by the same court on November 17, 2006, respectively.

【Criminal Facts】

Although the Defendant committed a crime of violation of the Road Traffic Act more than twice like the above criminal power, the Defendant was under the influence of alcohol at around 04:40 on April 24, 2014, while driving a Cobserver car at a section of about 700 meters from the front side of the labor office located in the Sogjin-gu, Sogjin-gu, Jeonju to the front side of the 153 Songjin-gu, Sogjin-gu, Sogjin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of Acts and subordinate statutes to refer inquiries, such as criminal records, the previous records, and a copy of the judgment;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include three times of licenseless driving and five times of drinking driving, and among them, despite the previous convictions included, the Defendant again committed the instant crime, which led to the following crimes: (a) the sentence of the instant crime is extremely unreasonable; (b) the Defendant’s confessions and serious reflects the Defendant’s economic situation, and the circumstances leading to the instant crime, etc., are included in the sentencing records.

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