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(영문) 광주지방법원 목포지원 2015.08.28 2015고단783
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2006, the defendant was issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act in the Gwangju District Court's wooden branch on July 3, 2006, and on July 15, 2008, the same court was sentenced to imprisonment for 5 months or 1 year of suspended execution for the crime of violating the Road Traffic Act. On January 17, 2014, the same court was sentenced to imprisonment for 6 months or 2 years of suspended execution for the crime of violating the Road Traffic Act, and the judgment became final and conclusive on January 25, 2014, and has violated Article 44 (1) of the Road Traffic Act at least twice.

On May 27, 2015, at around 19:45, the Defendant driven C cargo vehicles under the influence of alcohol content of 0.182% without a car driver’s license, from around the front of the Sinkdong Hospital in Young-gun, Young-gun, Young-gu to about 2km in the military documents of the same military, from around the 19:45 to the Magsan Magsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement in circumstances of drinking drivers;

1. Registers of driver's licenses;

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

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. In light of the fact that the defendant had a record of having been sentenced several times of punishment for the same kind of crime before the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation of punishment, and that the defendant committed the crime of this case even though he was under the period of probation, it is inevitable to sentence imprisonment with prison labor for the defendant.

However, it seems that the defendant recognized the crime of this case, and appears that the defendant repented in depth, and the defendant again said that he would not drink or drive without a license, and the age, character and behavior of the defendant, and others.

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