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전주지방법원 2014.12.12 2014고단1945

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 October 15, 2008, the Defendant received a summary order of KRW 1 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on May 11, 2010, a fine of KRW 4 million from the same court to a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On October 25, 2014, the Defendant driven a B-cell vehicle in front of the “B-cella” road located in Western-gu, Seosan-gu, Seog-gu, Seognam-do without a driver’s license, while under the influence of alcohol with 0.113% alcohol level without a driver’s license.

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. License register;

1. Previous records: Criminal records, etc., and the application of the same previous and summary order Acts and subordinate 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order had the record of punishment several times as the same crime, if the defendant again commits the crime of this case, the circumstances and the nature of the crime are not less than that of the crime of this case, but the defendant is not less than that of the crime of this case, the defendant is not guilty of the crime of this case due to the same crime of this case, the defendant has no criminal record more than fine due to the same crime of this case, and the sentencing materials recorded in the records of this case such as