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(영문) 전주지방법원 군산지원 2014.10.08 2014고단765
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on November 30, 2009, and on May 20, 2010, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment for a violation of the Road Traffic Act (driving).

On June 19, 2014, at around 23:56, the Defendant driven a B Sti-type car under the influence of alcohol content of 0.161% under the influence of alcohol without obtaining a driver’s license from a 2km section from the front line of the head office in which it is impossible to identify the trade name in the transmission dong in the following city in the following city: from the front line to the front line of the gold construction materials located in the same Dong-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to references to criminal records and investigation reports (a copy of judgment attached);

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. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been punished twice, including the suspended sentence of imprisonment for the same crime, committed the crime of this case, such as the fact that the defendant committed the crime of this case, the state of sentencing unfavorable to the defendant, such as the fact that the drinking water of this case has not been lowered, the fact that the defendant was committed at the time of and against the time of committing the crime, and the fact that the defendant has committed a compliance driving, etc., the conditions for sentencing favorable to the defendant, as well as various other conditions for sentencing specified in the arguments of this case, including the defendant's age

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