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(영문) 광주지방법원 순천지원 2014.04.16 2013고단2508
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2009, the defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Gwangju District Court of Gwangju on November 27, 2009. On November 27, 2009, the same court was sentenced to a fine of three million won for the same crime. On May 31, 2013, the defendant was sentenced to a fine of five million won for the same crime.

Criminal facts

On December 5, 2013, the Defendant, without obtaining a driver’s license on December 21, 2013, driven a Bschton car from approximately 400 meters from the Studio room in the Municipal Ordinance of City to the front road of the same net industry high school, while under the influence of alcohol by 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle with the driving of the motor vehicle, and report on internal accidents;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is seven times from 2005 that the defendant was sentenced to a suspended sentence due to the crime of violating the Road Traffic Act (unlicensed Driving) in 201. On April 201, when the grace period has expired, the defendant was sentenced to a suspended sentence due to the crime of violating the Road Traffic Act (Unlicensed Driving). On April 201, 201, even though he was sentenced to a high-amount fine for driving under the influence of alcohol and was sentenced to a heavy fine, he again committed the crime in this case for eight months, and was detained without being present at the trial.

In light of these circumstances, it is reasonable for the defendant to be sentenced to punishment.

Provided, That the punishment shall be determined as per the order, taking into consideration the fact that the defendant is against his or her gender and that the degree of his or her taking is not excessive.

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