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(영문) 광주지방법원 순천지원 2015.04.15 2014고단2165

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 20, 2008, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act in the Gwangju District Court's net order support on October 10, 2008, two years of suspended sentence in the same court on October 10, 2008, two million won of a fine as the same crime in the same court on March 10, 201, and two years of suspended sentence in the same court on October 25, 201, respectively for the same crime. < Amended by Act No. 11358, Oct. 25, 2012>

On November 10, 2014, at around 22:35, the Defendant driven C Lasta car under the influence of alcohol content 0.087% under the influence of alcohol without obtaining a driver’s license in a section of about 800 meters from the front of the drinking liquor store in the Municipal Ordinance of Macheon-si to the front road.

Accordingly, the defendant, while driving a motor vehicle more than twice, has driven a motor vehicle again while under the influence of alcohol without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports (A), investigation reports (former records and confirmation reports), two copies of judgment, and application of Acts and subordinate statutes of Part IV of summary order;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Six months to three years imprisonment with prison labor for a prison labor within the applicable range of punishment by law; and

2. The fact that blood alcohol content in the decision of sentence is relatively low is favorable to the defendant.

However, there are several criminal records for the same kind of crime, and there are two or more criminal records for the suspension of execution, and the period of the suspension of execution for the same criminal records has elapsed and approximately two weeks have passed after the crime of this case is committed.