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(영문) 광주지방법원 2014.12.17 2014고단4185

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a driver of the C Carren car owned by B, and the driver's license is revoked on June 17, 2013.

On October 5, 2014, around 19:40, while under the influence of alcohol by 0.075% without a driver's license, 20km from the street in front of the Cheongyang-gun located in the Cheongyang-gun, Jeonyang-gun, Jeonyang-gun to the 3rd-distance road at the entrance of the network monthly entrance in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The register of initial measures against traffic accidents, reports on circumstantial statements of a driving driver, reports on detection of a driving driver, actual survey records, and registers of driver's licenses;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be imposed as ordered in consideration of the motive, circumstance, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character and conduct, career, and environment: The affirmative factors that the Gwangju District Court committed again the instant crime after one year from July 24, 2013, even though it had been sentenced to a fine of 6 million won due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act (Crime of Violation of the Road Traffic Act) even though it had been sentenced to a fine of 6 million won at the Gwangju District Court, which was sentenced to a fine of 1 million won on July 20, 1998: The alcohol value and other other extenuating circumstances.