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(영문) 광주지방법원 순천지원 2014.07.16 2012고단3358

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On Apr. 20, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on Apr. 20, 2009, and on Nov. 25, 2009, the same court was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act, etc., and on Apr. 14, 201, the same court was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act, etc. on Apr. 22, 2011, which became final and conclusive, and was released on Dec. 23, 2011 during the execution of the said suspended sentence, and for which the period of February 17, 2012 elapsed.

Criminal facts

On November 23, 2012, the Defendant, while under the influence of alcohol at 0.147% of alcohol concentration in blood on November 23, 2012, driven a car 5 km distance from the street surface in front of the earth and sand dial area in the front of the Jeonnam-gun on the street surface, to the front right of the air conditioners located in the air conditioners of the cgallon in the cgalian city, the Defendant driven a car dallon without a driver’s license.

Summary of Evidence

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to attached records, court rulings, etc.), court rulings, application of Acts and subordinate statutes concerning personal identification and confinement;

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. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;