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(영문) 광주지방법원 2015.10.01 2015고단2623

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 4, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on November 4, 2008. On September 6, 2011, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime at the Gwangju District Court.

【Criminal Facts】

On June 18, 2015, the Defendant, while under the influence of alcohol by 0.354% without a car driver’s license, driven a BOs car at the 20km section of approximately 20km from the front side of the 20km-dong Manyang-gun, Jeonyang-gun, Chungcheongnamyang-gun, Ganyang-gun, Ganyang-gun, Ganyang-gun, Ganyang-gun, through the Donyangyang-do Co., Ltd. Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Control photographs of drinking drivers, reports on detection of drinking drivers, circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Previous convictions: Criminal records, written judgments, and application of summary order 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) 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 sentence of a sentence is inevitable in light of the following: (a) the sentence of a sentence is imposed for the same kind of crime for which punishment is imposed under Article 53 and Article 55(1)3 of the Criminal Act; (b) the sentence of a sentence has a record of multiple times of punishment; and (c) the blood alcohol concentration is very high.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.