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(영문) 전주지방법원 2014.10.31 2014고단1331
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On September 2, 2009, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on March 25, 2013, the Defendant received a summary order of KRW 4 million for the same crime in the same court.

【Criminal Facts】

1. Around 05:50 on July 28, 2014, the Defendant driving a D string cargo vehicle without obtaining a driver’s license in a section of about 4 km from the frontwest-gun of the North Korean Dos to the village of the same 4km-si, the same day from around 06:00 on the same day.

2. On July 28, 2014, at around 15:15, the Defendant driving a d-p-p-p-p-p-p-p-p-p-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous records of judgment: Application of inquiries and investigation reports, including criminal records, and Acts and subordinate statutes (Attachment to the previous records of sound driving and summary orders);

1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without license) of each relevant Act;

1. The punishment provided for in Articles 40 and 50 (the punishment provided for in the provisions of Article 2 of the Road Traffic Act, the provisions of the Road Traffic Act, the provisions of the Road Traffic Act and the provisions of the Road Traffic Act, and the punishment provided for in the provisions of the Road Traffic Act, which are heavier than the punishment at the time of the marketing);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that confessions are made under Articles 53 and 55(1)3 of the Criminal Act and seriously reflects it, and that there is no criminal record exceeding the fine due to the same kind of crime; and

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