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(영문) 광주지방법원 순천지원 2013.08.14 2013고단1135

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 12, 2010, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on April 12, 201, and received a summary order of KRW 3 million for the same crime, etc. on January 7, 2011, and completed the execution of the sentence in the Gwangju District Court on May 18, 201.

【Criminal Facts】

At around 18:50 on May 28, 2013, the Defendant driven C Poter cargo without a vehicle driver’s license at a section of about 25 km from the front of the Gansung Hospital located in the Yaeong-gun, Bosung-gun, Bosung-gun, to the front road of the Yadong in the Yacheon-si, Bocheon-si, the Defendant driven C Poter truck with a blood alcohol concentration of at least 0.259%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records, each copy of judgment, and current status of personal identification;

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 Article 35 of the Criminal Code among repeated offenders does not know about the defendant committed the crime of this case without being aware of the period of repeated crime, the same power reaches ten times, and the blood alcohol level reaches 0.259%, and the driver's report was arrested by another driver, on the other hand, the defendant is against the defendant, the defendant supports his wife and two children, and the punishment is determined as ordered in consideration of all the circumstances indicated in the instant case such as the defendant's age, character and behavior, motive for the crime, and circumstances after the crime.