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(영문) 광주지방법원 2013.12.12 2013고단5098
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 5 million at the same court on July 26, 2013 as the same crime.

On September 24, 2013, the Defendant: (a) from September 24, 2013, on the roads near the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the roads in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, driving a B presson vehicle with a blood alcohol concentration of about 0.185%, without obtaining a driving license; (b) has violated the provisions on the prohibition of driving under the influence of alcohol more than twice, and again, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on driver's license and report on the circumstances of the driver's license;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are confessions and reflects the accused, but the same record has already been five times, in particular, before the issuance of a summary order of a fine of KRW 5 million on July 26, 2013 due to the crime of violating the Road Traffic Act (driving) and the two months have passed, the Defendant committed the instant crime again, and the blood alcohol concentration at the time was not significant.

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