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(영문) 전주지방법원 2014.07.11 2014고단832
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 27, 2014, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on February 27, 201, and a fine of KRW 1.5 million by the same court on May 24, 2013.

On April 26, 2014, at around 23:45, the Defendant driven B Mt Motor Vehicle while under the influence of alcohol by 0.225% without obtaining a driver’s license from a section of about 3 km from the front of a mutually influoric restaurant located in the Yasan-gu, Seoul Special Metropolitan City to the 48th day of the same anti-U.S. 1-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (previous records and confirmation of a suspect), and application of Acts and subordinate statutes governing summary orders;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished several times for the same kind of crime, but the circumstances and the nature of the crime of this case are not minor, considering the fact that the defendant confessions and reflects the crime of this case, and there is no criminal record exceeding the fine due to the same kind of crime, the execution of imprisonment shall be suspended and community service and the order to attend lectures shall be additionally determined the same type as the order.

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