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(영문) 전주지방법원 2013.09.04 2013고단1705
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 29, 2007, the defendant was sentenced to a suspended sentence of two years in October due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, or a violation of the Road Traffic Act (non-licensed driving), and on April 30, 2013, the defendant was sentenced to a summary of the violation of the Road Traffic Act (driving) at the Jeonju District Court and is still under trial.

On July 12, 2013, when the Defendant had a history of driving under the influence of alcohol more than twice on two occasions, the Defendant driven a Dok car at approximately 500 meters from the front of the restaurant in which it is difficult to identify the validity automatic name of the complete mountain district at the time of the previous week without the driver’s license, while under the influence of alcohol concentration of 0.085% in blood, to the front road of the store for the use of the motor vehicle in the Seosan-dong in the front of the front city at the time of the previous week.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and the driver's license register;

1. Previous records of judgment: Criminal records, etc., references, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of case);

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 the following sentencing grounds) have been subject to punishment several times by drinking alcohol or driving without a license, and among them, the probation has been sentenced.

In addition, even though the Defendant was sentenced to a fine even after around April 2013, and was sentenced to a summary order, it is inevitable to repeat the crime of this case and sentence is inevitable.

However, in determining the sentencing, the circumstances favorable to the defendant are that the defendant would not drive under the influence of alcohol while breaking his depth and reflecting the crime of this case.

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