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(영문) 광주지방법원 해남지원 2015.05.07 2015고단75
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 9, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million by the Changwon District Court due to a crime of violation of the Road Traffic Act, etc., and on January 29, 2009, the Defendant was sentenced to imprisonment for 6 months and suspended execution for 2 years by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On February 24, 2015, at around 22:20, the Defendant, without a car driver’s license, driven B vehicles while under the influence of alcohol of about 0.144% in blood, from a distance of about 500 meters from the front side of a port terminal located in the Dondo-Eup, Dondo-Eup to the front side of the house fishing.

Summary of Evidence

1. Defendant's legal statement;

1. Report of the circumstances of driving under the influence of alcohol and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of running sound, the choice of imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Although the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation are against the defendant, he can have the record of being punished for the same kind of crime. In particular, on March 26, 1999, the defendant continued to engage in drinking, driving without a license after his license was revoked for driving under the influence of alcohol, etc. on January 29, 2009, after being sentenced to imprisonment for 6 months, driving without a license for driving under the influence of alcohol, and driving under the suspension of execution again after being sentenced to imprisonment for 2 years on the grounds of his license for driving under the influence of alcohol, and driving under the suspension of execution of 2 years on January 29, 209.

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