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(영문) 전주지방법원 2016.02.16 2015고단1333
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 2.5 million on September 6, 2006 by the Jeonju District Court for a violation of the Road Traffic Act (drinking driving), and on November 4, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. on the same court on November 4, 2009. On May 30, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a violation of the Road Traffic Act (drinking driving) and was sentenced to a suspended sentence on June 10, 2014.

【Criminal facts” around August 6, 2015, the Defendant driven a set of 100c plug bicycle under the influence of alcohol concentration of 0.214% in blood without mandatory insurance and without a motor bicycle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person suspected of violating the Traffic Act (driving/unlicensed driving) on roads, and reporting on the circumstantial conditions of driving without a license;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Notification of discovery of a driver who has not reported on a two-wheeled motor vehicle;

1. Investigation report (case relating to additional recognition of crimes of the Guarantee of Automobile Damage Compensation);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. The defendant, on the grounds of sentencing of Articles 53 and 55(1)3 (see, e.g., reflective points) of the Criminal Act for mitigation of a small amount of punishment, has the record of being punished for the same crime.

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