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(영문) 광주지방법원 순천지원 2014.04.16 2013고단2622

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 25, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on December 27, 2010, a fine of 4 million won for the same crime in the above court on December 27, 2010, and two years for a suspended sentence of imprisonment for six months in the above court on October 23, 2013, and the decision on October 31, 2013 became final and conclusive and is currently under a suspended sentence.

【Criminal Facts】

On November 3, 2013, at around 20:45, the Defendant driven a B Poter Cargo without a driver’s license, while under the influence of alcohol, from approximately 200 meters to the front road of the 200m section of the Manyang-si Manyang-si “the frequency of fishing by fish” to the front road of the Manyang-si Manyang-si, the Defendant driven a B Poter Freight without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A certificate of notification of measurement of drinking alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes including a copy of judgment;

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 under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant reflects the instant crime and supports his mother, etc. However, although the Defendant was sentenced to a suspended sentence of two years on October 23, 2013 due to the crime of violating the Road Traffic Act (driving) on the grounds that he was sentenced to a suspended sentence of two years on June, 201, the Defendant again committed the instant drunk driving crime at a 10-day period.

Considering this point, the defendant's sentence is deemed inevitable, and it is so decided as per Disposition.