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(영문) 광주지방법원 2014.04.17 2014고단755
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2008, the defendant is a person who had been sentenced to a fine of 2.5 million won by the same court on May 12, 201 as a crime of violation of the Road Traffic Act at the Gwangju District Court's imprisonment with prison labor for 6 months and 2.5 million won.

On February 11, 2014, at around 00:37, the Defendant driven a B car under the influence of alcohol level of 0.144% without obtaining a driver’s license from the front of a restaurant where it is impossible to know the trade name in the downstream-dong of the Gwangju Mine-gu to the front of the crypium in the Nam-dong of the Nam-gu, Gwangju, and without obtaining a driver’s license from approximately 8km section to the front of the cryp vehicle in the south-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the results of the control of drinking driving, the report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: A criminal investigation report (report accompanied by a copy of the judgment), a copy of the judgment (No. 12), a copy of the summary order and a copy of the judgment (No. 14) shall apply;

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 (see, e.g., circumstances considered below) of the Criminal Act for discretionary mitigation is three times the defendant has the power to punish the defendant for the same kind of crime.

In addition, on February 16, 2012, the Defendant committed the same type of crime during the suspension period, even though he/she was sentenced to three years of the suspension of execution in August due to a crime such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act violation by this court.

In light of the above circumstances, this court decides to sentence the defendant to the punishment.

In determining sentence, the circumstances in which the defendant is closely against the crime of this case and there is a family member to support the defendant.

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