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(영문) 광주지방법원 목포지원 2013.04.16 2013고단411

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On October 2, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court. On April 13, 2011, the Defendant was sentenced to a suspended sentence of two years on April 21, 201, and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court, on April 21, 201, and was sentenced to a suspended sentence, seven times the records of punishment for driving

【Criminal Facts of Crimes】 On February 26, 2013, at around 21:25, the Defendant driven a car with C low alcohol content of at least 0.167% under the influence of alcohol without a car driver’s license, from around 3 kilometers up to the front road of the Port Office located in the Sinpo-si in the Sinpo-si, Young-si, Young-gu.

The Defendant driven a motor vehicle under the influence of alcohol not less than twice, and drives a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. The ledger of driver's licenses;

1. Previous records of judgment: A inquiry report on criminal records, etc., investigation report, confirmation of the same kind of power, and application of seven copies of judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) KRW 700,000 for a drunk driving in 2006; (b) a fine of KRW 700,000 for a drunk driving in 2007; (c) a fine of KRW 100,000 for a non-licensed driving in 2008; (d) two years for a suspended sentence of six months for a non-licensed driving in 2009; and (e) two years for a suspended sentence of imprisonment for a non-licensed driving in 201 for a non-licensed driving in 209.