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(영문) 광주지방법원 장흥지원 2015.07.02 2015고단44

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 22, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving on a sound driving), etc. on December 9, 2008, a summary order of KRW 2 million for the same crime in the Gwangju District Court's interest support, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act (licensed driving) on August 22, 201 with the same support.

On September 13, 2012, the Defendant was sentenced to a suspended sentence of two years, etc. for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Gwangju District Court's Southern Branch.

On October 4, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor in the Gwangju District Court for the same crime, and the execution of the sentence was completed on July 28, 2014 by the Net Prison.

【Criminal Facts】

On March 3, 2015, at around 20:30, the Defendant driven CG cars with approximately 2 km from the front of the Gangseo-gu bus terminal located in the center of Gangseo-gu, Gangnam-gu, Gangnam-do to the third-party road located in the same Gun-dong, without obtaining a driver's license, while under the influence of alcohol of about 0.112% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving without a license, report on the situation of operating a driving without a license, a report on the circumstantial statement of a driver, and a driver's license inquiry;

1. Previous convictions in judgment: Criminal records, investigation reports (a summary order and attachment of a copy of written judgment) and application of Acts and subordinate statutes concerning personal identification and confinement status;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) has the record of having been punished several times as the same crime, and in particular, the Defendant commits the instant crime again during the period of repeated crime.