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(영문) 전주지방법원 2016.08.23 2016고단465
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 8, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and on January 18, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (e.g., refusing to measure drinking), and on December 19, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (e.g., drinking), and the judgment became final and conclusive on December 27, 2014.

On March 12, 2016, at around 19:52, the Defendant, without a vehicle driver’s license, driven a Kank 6-line cargo vehicle in approximately 1 km section from the front of the gym-based gym-based gym-based gym-based gym-based gym-based gym-based gym-based gym-based gym-based gym-based gym-based gy

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., reflectiveness) of the Criminal Act are as follows: (a) the Defendant had been punished for traffic-related crimes, including drinking, refusing to measure drinking, and having been punished five times due to driving without a license; and (b) the Defendant again committed the instant crime even though he was under the suspension period of the execution of the same crime. Therefore, it is inevitable to sentence a sentence even in consideration of the circumstances of the Defendant’s appeal, including the following: (a) the Defendant was under the suspension period of the execution of the same kind of crime.

In addition, sentencing conditions, such as the age, sex, environment, etc. of the defendant, are imposed.

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