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(영문) 광주지방법원 장흥지원 2016.10.13 2016고단147
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 16, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on July 8, 2010, sentenced to imprisonment for 8 months and suspension of execution for the same crime, etc. on July 8, 2010, and sentenced to imprisonment for 6 months and two years of suspension of execution for injury at the Gwangju District Court's Support for Promotion of the Head of the Gwangju District Court on January 31, 2013. On August 7, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (driving) at the head of the Gwangju District Court's Support for Promotion of the Head of the Gwangju District Court on August 15, 2014, and the said judgment became final and conclusive, and the sentence of the said suspension of execution became void and the period of parole was expired on February 6, 2016 of the execution of the sentence.

【Criminal Facts】

1. Around 13:10 on July 31, 2016, the Defendant driving a DPoter-II truck owned C in the section of about 5 km from 1473 Ombudsmen to 760-23 on the same surface while under the influence of alcohol by 0.206% of alcohol level.

2. The Defendant illegally used a motor vehicle, at the above temporary omb playground, was driven and temporarily used by the victim C, who was parked in a state where a motor vehicle height is displayed, without the victim’s consent.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The circumstantial report of a drinking driver, the notification of the results of the control of drinking driving, the investigation report (on-site photographs, etc.), the investigation report (the addition of photographs taken from CCTV video images recorded on the suspect's criminal scene) and the inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, personal confinement records, investigation reports (former records, summary orders, and copies of judgment);

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), the Criminal Act for the selection of a sentence for the crime;

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