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(영문) 광주지방법원 순천지원 2014.03.26 2013고단2515

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 25, 2011, the Defendant received a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on October 25, 2012 in the same court, the Defendant received a summary order of KRW 5 million for the same crime.

"2013 Highest 2515"

1. On December 11, 2013, the Defendant, without obtaining a driver’s license on December 22 and 50, 2013, driven C C in the section of approximately 400 meters from the upper right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right of the lower right

"2014 Highest 130"

2. On January 7, 2014, at around 00:35, the Defendant, without obtaining a driver’s license, driven C C in the section of about 30 meters from the 2nd amba Center parking lot at the amba-si in the amba-si to the same way, while under the influence of alcohol by 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of driving each driving under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of having been punished four times by driving under influence of alcohol or without a license (two times among them are later than 2011), and the crime under Article 2 of the judgment of the court below was committed even if the defendant was prosecuted due to the crime under Article 1 of the judgment, and each state commitment has reached a considerable level, so it is inevitable for the defendant to pronounce a sentence.