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(영문) 광주지방법원 2012.10.31 2012고합710

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 1, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of two million won or more for a violation of the Road Traffic Act at the Gwangju District Court on March 18, 2008, and a fine of 1.5 million won or more for the same crime at the same court on March 18, 2008.

around 02:12 on July 10, 2012, the Defendant driven Benz motor vehicles at approximately 6 km from the front road of Gwangju Mine-dong New Hospital to the front road of Gwangju Mine-dong New Hospital, while under the influence of alcohol of 0.067% of blood alcohol concentration.

around 03:25 on July 27, 2012, the Defendant driven Bbenz car in the section of approximately 500 meters from the old world of the Jeonnam University, which was in the mouth-dong of Gwangju, with a blood alcohol concentration of 0.111% around July 27, 2012 to the front day of the modern apartment located in the same Gu-dong.

around 01:50 on August 30, 2012, the Defendant driven a Bbenz car on the front of the restaurant located in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, without obtaining a driver's license, while under the influence of alcohol 0.113% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the circumstantial statement of each drinking driver, and the driver's license inquiry;

1. Previous records of judgment: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate 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 (the point of a sound driving), 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 Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act by August 30, 2012 and a violation of the Road Traffic Act by no license), and the punishment imposed on a violation of the Road Traffic Act by no more severe punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code are the best among concurrent crimes.