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(영문) 광주지방법원 해남지원 2016.12.22 2015고단121
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 27, 2015, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on January 27, 2015, and on February 12, 2015, the sentence was finalized on February 24, 2015.

【Criminal Facts】

As above, the Defendant has violated Article 44(1) of the Road Traffic Act not less than twice:

1. On December 6, 2014, a person drives E vehicle while under the influence of alcohol with a blood alcohol concentration of 0.20% at the section of approximately two meters D in front of D located in Jeonnam-gun, Namnam-gun, Seoul, around 14:44;

2. On December 25, 2014, at around 13:30, a person driving a vehicle E in a section of about 1 km from D in front to front of the office of the Southern-nam Eup/Myeon, while under the influence of alcohol with a blood alcohol content of 0.198% without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of respective driver's licenses;

1. Report on the actual state of driving each driving under the influence of alcohol and the results of the control of driving under the influence of alcohol;

1. Investigation report (on-site conditions and details of crackdown on drinking driving);

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (former records, summary orders and attachment of judgment), summary orders and one copy of judgment, and application of Acts and subordinate statutes significantly true to this court;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Road Traffic Act as of December 25, 2014, a violation of the Road Traffic Act as of December 25, 201, a violation of the Road Traffic Act as of December 25, 201, and a violation of the Road Traffic Act as of the heavier punishment);

1. Selection of each sentence of imprisonment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of violation of the judgment of February 24, 2015)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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