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(영문) 전주지방법원 정읍지원 2014.07.01 2014고단232
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who has nine times the same kind of force in addition to a fine of one million won for a violation of the Road Traffic Act (driving) in the support of Jungju District Court on January 13, 2012, and a fine of 1.5 million won for the same offense in the same court on December 27, 2013.

【Criminal Facts】

1. Around 17:00 on May 20, 2014, the Defendant driven a motorcycle under the influence of alcohol content of 0.120% without obtaining a license from the Defendant’s residence located in Go Chang-gun C to the 300-meter section of 00 meters from the 300-meter section from the 17:00 to the 300-meter road in the same Eup/Myeon market.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was the owner of a motorcycle less than 50cc above, operated the said motorcycle at the date and time and place indicated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (report attached to the previous suspect and copies of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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