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(영문) 광주지방법원 순천지원 2015.11.05 2012고합568
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On September 7, 201, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on September 7, 201, and the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for the same crime in the same court on June 20, 201.

【Criminal Facts】

On November 27, 2012, at around 06:00, the Defendant driven a Fick car at approximately 10km section from the front Do in front of the gold apartment located in the Pungdong in the Suncheon-si, to the front road of the Sinsan-ri village, with no driver’s license, while under the influence of alcohol of about 0.103% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Report on the statement of the status of the driver, the report on the status of the driver, the report on the actions against the driver, and the license ledger;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (former records and confirmation reports), court rulings, and copies of summary orders, respectively, shall be applied to each of the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 148-2, Article 44 (1) of the Road Traffic Act that choose a penalty, and subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Reasons for sentencing under Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act with more severe punishment) of the ordinary concurrent crimes;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. The crime of this case committed by the defendant under the influence of alcohol level of 0.103% without a driver's license. Thus, the defendant committed the crime of this case even though he was sentenced to the suspension of imprisonment due to the crime of assault, etc. (joint attack) committed two times, and the defendant committed the crime of this case even though he was sentenced to a fine at the time of the suspension of the execution of the above punishment, the crime of this case again committed the crime of this case even though he was sentenced to a fine at the time of the above suspension of execution.

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