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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1590
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 9, 2013, at around 18:15, the Defendant driven a 1 ton truck, B, while under the influence of alcohol without a driver’s license, at a section of approximately 5 km and under the influence of alcohol with a blood alcohol concentration of at least 0.246%, from the front of the main station where it is impossible to identify the trade name near the NC department store located in the netcheon-si Municipal Ordinance-dong to the front day of the “Seck-cock shop” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order and report accompanied by a certified copy of judgment);

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. The reasons for sentencing for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) have a total of six times equal penal power, and the defendant was sentenced in 2007. In 2012, even though he/she was punished by a high-amount fine, he/she repeats the crime of driving without a license despite having been punished by a high-amount fine.

In this case, the defendant's blood alcohol concentration is very high to 0.246%, and the defendant, upon receiving a report that his blood alcohol level is suspected to be drunk driving, went away without disregarding the police's stop signal and was arrested.

In light of the above circumstances, it is reasonable to sentence the defendant to the punishment.

However, in consideration of the fact that the defendant is against his or her gender and that he or she raises two children after his or her birth, the punishment shall be determined as per Disposition.

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