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(영문) 전주지방법원 군산지원 2015.05.15 2015고단211
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 19, 2009, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act in the Gun mountain support of the Jeonju District Court on February 19, 2009, and was sentenced to a suspended sentence of two years for a year of imprisonment by the Jeonju District Court on September 30, 201.

【Criminal Facts】

On January 29, 2015, around 23:51, the Defendant driven B-XG automobiles in the state of alcohol alcohol concentration of about 0.119% without obtaining a driver's license in the section of approximately 1km in front of the water source located in the same city of the same city from the front of the C-Sari-dong 2, Masan-si to the front of the water source located in the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Inquiry into driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognizes and reflects the instant crime; and (b) the sale of a vehicle operated by the Defendant is favorable to the Defendant.

However, even though the defendant had been punished for the same kind of crime, including the probationary power, he/she again drives without a license even though he/she had been punished for the same crime, and it is inevitable to sentence a sentence due to gross negligence, such as causing contact accidents.

All the favorable circumstances as seen earlier, and the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc. of this case, shall be comprehensively considered.

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