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(영문) 광주지방법원 순천지원 2015.10.28 2015고단1795

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2007, the Defendant was sentenced to a suspended sentence of five months for a crime of violating the Road Traffic Act in the pure support of the Gwangju District Court, and on February 3, 2015, the Defendant was a person who violated the provisions on the prohibition of driving under the influence of alcohol on two or more occasions by receiving a summary order of a fine of four million won for the same crime from the said court.

On September 1, 2015, at around 19:58, the Defendant driven B Poter Ⅱ while under the influence of alcohol content of 0.138% without obtaining a driver’s license from a section of approximately 1km from the front of the Yari-gun, Goung-gun, Goung-gun to the front of the Yari-gu Yari-myeon, Yari-gun, Yari-gun to the front of the Yari-

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects, such as violation of the Road Traffic Act, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the circumstances of drinking driving;

1. Registers of driver's licenses and report on the situation of driving without licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the disposition of the same kind of case), one written judgment, and one summary order shall be applied;

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 fact that the concentration of blood alcohol is relatively high compared to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that there are four previous convictions in the same crime of violation of the Road Traffic Act, among which the suspension of execution is more than four times, and that there is a violation of the Road Traffic Act, the fact that the crime of this case is again committed when seven months have not passed since the date of receiving the fine according to the same criminal record as the crime of violation of the Road Traffic Act, the fact that the crime of this case is committed again reflects the normal mistake that is favorable to the fact that the punishment of this case is committed again