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(영문) 광주지방법원 해남지원 2014.04.23 2013고단375

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 8, 2009, the Defendant was a person who was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in Gwangju District Court's support on October 8, 2009, and a fine of KRW 3 million for a violation of the Road Traffic Act in the same court on March 16, 2012, and has committed two or more violations of the Road Traffic Act.

1. On July 9, 2013, the Defendant driven a C low alcohol level 0.163% under the influence of alcohol without a vehicle driver’s license, from around 22:30 to the front road of the Sin Maritime Affairs and Fisheries Institute at approximately 20 meters from the front of the Sin Maritime Affairs and Fisheries Institute, at the 20-meter section from the front of the Sin Maritime Affairs and Fisheries Institute.

2. Around October 18, 2013, the Defendant, at around 19:35, driven a freight vehicle from around 1.5 km to the front road in front of the Agricultural Cooperative, Nonghyup, the Namnam-gun, the west-gun, the Doctrine of which, without a vehicle driver’s license, was driving a D1 ton of the freight vehicle from around 1.5 km to the front road of the same

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Investigation report (Fact-finding) (Fact-finding 2 on the market);

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Detailed statement of control (pre-trial record);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the suspect's previous records and written judgments);

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; and

1. A punishment provided for in Articles 40 and 50 (a punishment imposed on a violation of the Road Traffic Act on July 9, 2013 and a violation of the Road Traffic Act (a without a license) and a violation of the Road Traffic Act (a punishment imposed on a violation of the Road Traffic Act with heavier punishment) of the ordinary 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. Article 53 of the Criminal Act for discretionary mitigation.