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(영문) 광주지방법원 해남지원 2016.01.21 2015고단467
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court on October 15, 2004. On April 8, 2005, the defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving without a license) in the Gwangju District Court on April 8, 2005. On August 27, 2009, the defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (dacting driving) and for a violation of the Road Traffic Act (dacting driving without a license) at the Southern Branch of the Gwangju District Court on August 16, 2014. The defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (dacting driving) and for a violation of the Road Traffic Act (dacting driving without a license) at the Southern Branch of the Gwangju District Court on July 24, 2014.

[2] The Defendant: (a) was a person who had violated Article 44(1) of the Road Traffic Act not less than twice as indicated in the record of the above crime; and (b) was under the influence of the alcohol content of not less than 0.158% in blood around July 21, 2015 without obtaining a driver’s license for a motor vehicle on July 21, 2015; and (c) was driving a C observer car in the section of approximately 300 meters in front of the Gu public health clinic located in the center of the same Eup/Myeon-ro 71 in the south-Namn Sea-Sinannan-ro, Nam-nam, Hongnam-ro, Hongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of the provisions of Part IV Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (the result of confirmation of the previous history), and text of judgment;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following grounds for sentencing") are as stated in the records of the crime in the judgment.

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