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(영문) 광주지방법원 2014.04.25 2014고단593

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act in the Gwangju District Court. On May 20, 2010, the same court was sentenced to a fine of four million won for the same crime, etc. on May 20, 2010, and on March 8, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime and violated Article 44 (1) of the Road Traffic Act not less than twice.

On July 18, 2013, the Defendant, without obtaining a driver’s license, driven a balp-purd vehicle from the front day of the creative restaurant located in the Yeongsung-gun, Yeongsung-gun, the 0.129% of the blood alcohol concentration at around 20:43, while under the influence of alcohol, to the end of the same military cement front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

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. In light of the fact that the defendant was punished once by a fine due to drinking driving, once a fine due to drinking driving and driving without a license, and that the defendant committed the crime of this case even when four months have not passed since the period of the above suspended sentence was terminated, it is deemed that a strict punishment is required in view of the fact that the defendant committed the crime of this case while the period of the suspended sentence was terminated.

However, the punishment shall be determined as ordered by taking into account the fact that the defendant is able to repent his mistake, and other various circumstances that are conditions for sentencing, such as age and family relationship, etc.