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(영문) 광주지방법원 목포지원 2016.08.25 2014고단763

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of false accusation in the Daejeon District Court Seosan Branch on February 13, 2013 and completed the execution of the sentence in the Daejeon District Court Seosan Branch on February 13, 2013.

On May 2, 2014, at around 16:25, the Defendant driven a freight vehicle B with alcohol content of about 3km from the front of a swine restaurant to the front of the entrance of a e-mail village in the same e-mail, with no driver’s license, at approximately 0.11% of alcohol content in blood without a vehicle’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report of a traffic accident, a statement of the situation of a driver who takes the driving of a vehicle, notification of the results of regulating the driving of drinking, making inquiries into the vehicle, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the date of release, etc.);

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 1 of Article 152 and Article 43 of the Traffic Act applicable to the facts constituting an offense;

1. All the circumstances, such as the ordinary concurrence and the selection of a sentence, Articles 40 and 50 of the Criminal Act, the sentence of imprisonment for the reason of sentencing, the crime during the period of repeated crime and the suspension of execution, etc. for the same crime, and the reduction of the location of the accused who knows the fact that the sentence is being tried, shall be determined in accordance with the orders;