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(영문) 광주지방법원 2013.07.03 2012고합468

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 4, 2005, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act, etc. at the Gwangju District Court, and on December 15, 2006, the same court was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act, etc. on March 11, 2008, and the same court was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act, etc. on September 1, 201, and completed the execution of the above punishment on January 30, 2012 by the same court.

The defendant is a person who is engaged in the operation of a CF truck.

The Defendant driven the said vehicle at around 00:50 on March 21, 2012, while under the influence of alcohol content of 0.122% without a driver’s license, at around 00:50 on March 21, 2012, at around 100 meters from the Do before the Health Insurance Review and Assessment Service, located in the Masan-dong of Gwangju Mine-gu to the road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on launch of drivers and the register of driver's licenses for motor vehicles (A);

1. Previous convictions indicated in the judgment: Criminal history records, probationary records (A), reporting on the results of confirmation of the previous dispositions, investigation reports (former and previous reports on confirmation), and application of Acts and subordinate statutes to the number of individuals and the current accommodation status;

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 current Road Traffic Act, which has the reason for sentencing Article 35 of the Criminal Act among repeated offenders, prohibits unauthorized driving and drunk driving that threaten the safety of road traffic. In particular, in the case of drunk driving, the more severe punishment is imposed in consideration of the tendency of repeated driving at least three times, and the defendant has the record of being punished several times by driving under the influence of alcohol or without a license, and there are four previous offenses among them, and the defendant is under the influence of alcohol driving at least twice.