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(영문) 전주지방법원 2016.11.22 2016고단1226
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On July 5, 2016, the Defendant was sentenced to a suspended sentence of two years for one year to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Jeonju District Court on July 13, 2016, and the said judgment became final and conclusive on July 5, 2016, and was sentenced to a fine of four million won for a violation of the Road Traffic Act (non-licensed driving) at the same court on July 5, 2016, and was sentenced to a summary order of four million won for a violation of the Road Traffic Act (non-licensed driving) at the same court on December 8, 2009, and was sentenced to a summary order of two million won for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) at the same court on December 9, 208.

【Criminal Facts of Crimes】 On July 27, 2016, at around 18:44, the Defendant driven a Brocketing car under the influence of alcohol alcohol concentration of about 1.5 meters without obtaining a driver’s license from the front day of the Jinandong-gu Seoul Metropolitan Autonomous City to the front day of the Jinandong-dong in the same Sinsan-gu Southern-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, appearance, uniforms, language, and attitude of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to previous records and court rulings, etc.), application of Acts and subordinate statutes, such as 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. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reasons for sentencing) have reached five times the same criminal records, and the defendant has been sentenced to suspended execution for the same kind of crime, but he again commits each of the crimes in this case within a short time, even though he is under suspended execution.

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