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(영문) 광주지방법원 순천지원 2015.11.04 2015고단1911
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2009, the Defendant is a person who received a summary order of KRW 2 million from the Gwangju District Court on the violation of the Road Traffic Act (hereinafter referred to as a “malk driving”), and on April 22, 201, the same court received a summary order of KRW 3 million due to the same crime, etc., and received a penalty of KRW 3 million from the same court at least twice.

On June 16, 2015, the Defendant, without obtaining a driver’s license, driven a car with approximately 5 km C low-speed car from the street in front of the Dana Child Care Center located in 362-4, Seocheon-si, Seocheon-si, 362-4, at the same time in the same time, while under the influence of alcohol content of 0.07:12.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, report on the results of crackdown on driving under the influence of alcohol, and inquiry into the results of

1. The driver's license ledger;

1. A previous conviction in judgment: A criminal investigation report (Attachment of a written judgment), five copies of a summary order, and application of Acts and subordinate statutes of a written 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, under favorable circumstances for sentencing under Article 53 and 55(1)3 of the Criminal Act, drives alcohol immediately from September 16, 2015 to September 02:30, 2015, not immediately drive the alcohol after drinking for more than three hours, but also drives after diving for not less than three hours, which is disadvantageous to ordinary citizens with a high blood alcohol concentration, shall be protected from the safe driving of the way to work at work, as well as from the safe driving of the way to work at work. The above, despite the fact that the defendant was scheduled to drive on September 16, 2015 on September 16, 2015, he/she had three times the previous convictions of the same crime of drinking alcohol until September 16, 2015, and there is a criminal conviction for suspension of execution under the Road Traffic Act violation (Refusal of measurement) and the Road Traffic Act Violation (Free License).

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