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(영문) 전주지방법원 정읍지원 2012.10.17 2012고합42
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In order for the Defendant to commit a violation of the Road Traffic Act in support of Jungju District Court on December 18, 2009, a fine of one million won shall be imposed on the Defendant; on July 30, 2010, a fine of four million won shall be imposed on the same crime at the Gwangju District Court on July 30, 201; and

8. A person who has been sentenced to a suspended sentence of three years for a period of imprisonment with labor for a violation of the Road Traffic Act, etc. in the Jeonju District Court's full-time branch court.

On May 30, 2012, the Defendant, without obtaining a driver’s license at around 20:10, driven C 500 meters away from the front side of the Jung-Eup Station located in the Dong-dong in Jung-dong in the same city under the influence of alcohol by 0.104%, from May 30, 2012 to the front road of the Agricultural Public Security Center located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Reference references, such as criminal records, and application of investigation reports (reports on criminal records of the same kind as suspects) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the defendant reflects the crime of this case, and that the defendant scraps his vehicle and again does not drive under the influence of alcohol, etc. are favorable to the defendant.

However, on the other hand, the defendant has already been punished three times or more for drinking driving, and the defendant committed the crime in this case even though he was sentenced to a two-year suspended sentence of imprisonment in this court on August 2010 and was sentenced to a three-year suspended sentence.

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