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(영문) 전주지방법원 군산지원 2014.08.20 2014고단801
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2012, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on December 10, 2012. On May 2, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 2, 2014.

【Criminal Facts】

On July 3, 2014, at around 22:32, the Defendant driven a C-wing vehicle with a blood alcohol concentration of about 0.075% without a car driver’s license from the front of the Si apartment zone located in the Gyeonggi-si, Busan Metropolitan City to the large-name resources front of the same Dong from around 100 meters away from the road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Inquiry reports on criminal records, investigation reports (report attached to the same type of electric records, etc.), application of Acts and subordinate statutes to the original judgment;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The grounds for sentencing selected as imprisonment with prison labor are as follows: (a) the defendant is aware of and reflects the crime; (b) the defendant repeats the driving without obtaining permission for drinking alcohol in this case without being aware of himself during the period of suspension of the same crime; and (c) the defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime, etc., shall be comprehensively considered and determined as

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