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(영문) 전주지방법원 2014.08.22 2014고단961
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On November 17, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for a violation of the Road Traffic Act, etc. On November 8, 2007, the Defendant was sentenced to a suspended sentence of 3.5 million won by a fine for a violation of the Road Traffic Act, etc. at the same court on November 8, 2007, and the Defendant was sentenced to a summary order of 4 million won by the same court on September 2, 2009 due to a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On June 11, 2014, at around 11:19, the Defendant driven a Dgggaler vehicle while under the influence of alcohol level of about 0.120% without obtaining a driver’s license from the upper street in front of the “Cgalter store” located in Yasan-gu, Seoul Special Metropolitan City, to the front road of the “Magal-ro printing company” located in 77-49, 100 meters away from the front street to the “Magal-ro” road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (prior records, such as drunk driving, etc. of a suspect) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of being punished four times for drunk driving and four times for unlicensed driving, etc., and in particular, although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act includes a previous conviction for a suspended sentence due to drunk driving andless driving, the defendant is sentenced to punishment in light of the fact that he/she conducted a drunk driving in the state without a license and led to the instant crime after driving in the state of the next without a license, and therefore his/her crime is very high, and the defendant is led to the confession and reflect of the instant crime.

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