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(영문) 광주지방법원 순천지원 2014.06.11 2014고단685
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving), etc. from the Gwangju District Court’s net support on September 10, 201, and on April 1, 2011, the same court notified the summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On December 13, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving).

Criminal facts

On April 16, 2014, at around 00:25, the Defendant driven a Dap car in the name of the Defendant’s Dap under the influence of alcohol concentration of approximately 0.149% without obtaining a driver’s license in approximately 50 meters from the later side of the net publication of 00:25, Seocheon-si Municipal Ordinance to the front side of the U.S. Stacksaw-do Municipal Ordinance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and investigation reports (former records, confirmations, court rulings, etc.);

1. Application of a certified copy of written judgment or a summary order issued by 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 (a favorable circumstance among the reasons for sentencing in the following year) lies in the Defendant’s ability to be punished four times due to drunk driving, and the degree of the reading is reasonable. In this case, the Defendant was detained due to a drunk driving in 2012 and was detained due to a suspended sentence for a period of four months after the Defendant was sentenced to a suspended sentence. In light of the above, the Defendant is bound to be sentenced to a sentence.

However, the fact that the defendant is against the law, that there is no record of punishment for crimes other than traffic crimes, or that there is no other record.

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