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(영문) 광주지방법원 2019.06.27 2019고단1249
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On February 28, 2012, the Defendant was sentenced to a fine of KRW 4 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the Gwangju District Court on May 27, 2013.

【Criminal Facts】

On February 3, 2019, at around 03:25, the Defendant driven a DNA car from approximately 4 kilometers from the Seo-gu, Seo-gu, Gwangju to the entrance front road of the Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (Attachment of written judgments);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are subject to punishment twice as stated in the criminal records in the judgment of the defendant, and there was a history of having been sentenced to a suspended sentence of imprisonment on September 12, 2013 as a result of a crime of driving without a license on the grounds of the crime committed on September 12, 2013, as well as a history of having been sentenced to a suspended sentence of imprisonment for a crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (or Arrangement of Commercial Sex Acts, etc.) on December 5, 2018, which committed the crime of driving under the suspended sentence after being sentenced to a suspended sentence of two years, the sentence of imprisonment shall be imposed on the grounds that the crime of this case was committed. However, the sentence shall be determined as ordered by taking into account the motive and background of the crime in this case

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