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(영문) 광주지방법원 순천지원 2013.06.12 2013고단378

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 26, 2007, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 26, 2007; on October 20, 2009, the same court issued a summary order of a fine of two million won for a violation of the Road Traffic Act; on November 28, 201, the same court issued a summary order of a fine of four million won for a violation of the Road Traffic Act; and on September 13, 2012, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on September 21, 2012.

Criminal facts

On February 21, 2013, around 01:07, the Defendant driven a B rocketing car with a blood alcohol content of about 0.057% under the influence of alcohol without obtaining a driver’s license from a section of about 5 km to the front road of the Mancheon-si Municipal Ordinance-ro, prior to the Mancheon-si Mancheon-si Manyang-si Manyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspect criminal records)-related Acts and subordinate statutes;

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 was punished five times for drinking or driving without a license for drinking, among which the defendant was punished five times for the five years prior to the date of the instant crime, and considering the fact that the defendant committed a second offense during the suspended execution period for the same kind of crime, the defendant shall be sentenced to the sentence.