(영문) 광주지방법원 순천지원 2014.01.16 2013고단2460



A defendant shall be punished by imprisonment for one year.


Punishment of the crime

Criminal power defendant on February 13, 2009 shall be sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act, etc. at the net order support of the Gwangju District Court on February 13, 2009, and the same year.

9. On January 18, 2012, the above court was sentenced to imprisonment with prison labor for the same crime and four months on January 18, 2012 and the same year;

4. 25. The execution of the sentence was terminated in the Net Prison.

Criminal facts

On October 27, 2013, at around 15:50 on 15:50, the Defendant driven C Costa car in the state of alcohol alcohol concentration of about 11km from the 11km section to the home fluor’s shooting distance in the same city of Jungyang-si, the Defendant was under the influence of alcohol content of 0.113% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries, investigative reports (verification of the identity of a suspect, previous convictions and repeated crimes), each judgment, application of Acts and subordinate statutes to the current status of personal identification and confinement;

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. Taking into account not only the fact that a repeated offender has been punished several times for the same kind of crime as the sentencing of Article 35 of the Criminal Act, but also the fact that he/she commits the instant crime again at least one year and six months after he/she was sentenced to imprisonment and released from the same crime, and that he/she commits a traffic accident even during the period of a traffic accident.