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(영문) 광주지방법원 2014.04.23 2014고단142
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On February 15, 2007, the Defendant was notified of the summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 20, 2009, and the summary order of KRW 700,000 for the crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on March 20, 2009, and around January 6, 2014, the Defendant was driving a vehicle under the influence of 0.085% of blood alcohol concentration from the front way of a mutually in disuse in the Gwangju Mine-gu to the lower post office located in the same 379 way as an infant in the same Gu without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment)

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the distance from driving) is that the defendant was sentenced to imprisonment for 6 months for a violation of the Road Traffic Act (i.e., a violation of the Road Traffic Act), and that the defendant committed each of the crimes of this case, which are the same criminal offenders under the circumstance that the defendant has been sentenced to punishment more than twice for the same crime, and that the defendant has a record of being punished more than twice for the same crime, considering all the circumstances shown in the records and arguments of this case, it is reasonable to isolate the defendant from society for a certain period, taking into account the circumstances where the defendant has a child who should support the defendant, and the sentence is determined as ordered

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