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(영문) 전주지방법원 2014.12.05 2014고단1779
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 7, 2003, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on February 26, 2004; a summary order of KRW 1.5 million for the same crime in the same court; a summary order of KRW 2.5 million for the same crime in the same court on November 16, 2009; a summary order of KRW 2.5 million for the same crime; and a summary order of KRW 4 million for the same crime in the same court on December 24, 2009; and on April 19, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court on August. 8.

【Criminal Facts of Crimes】 On October 3, 2014, the Defendant, while under the influence of alcohol at around 14:31, 201, driven a C-wing and one ton truck in the section of approximately 2.5km from the front of the forest room in the front of the forest room in the front of the forest room in the front of the forest site in the front of the forest site in the front of the forest room in the front of the forest in the front of the forest in the front of the forest in the front of

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a summary order and attachment of judgment) including criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include five times a suspended sentence due to drinking driving, etc. The crime of this case is highly likely to be subject to criticism in light of the following: (a) the fact that the defendant has been punished five times a suspended sentence, including a suspended sentence, due to drinking driving; and (b) the fact that the period of the suspended sentence has not yet lapsed since the expiration of the period of the suspended sentence, and that the suspension of drinking driving of this case is very high; (c) the defendant shall be sentenced to punishment; (d) the fact that the defendant led to the confession of the crime of this case and seriously against the defendant; and (d) the reasons for the suspended sentence and the health conditions of the defendant,

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