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(영문) 광주지방법원 순천지원 2014.10.24 2014고단1593
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, in the Gwangju District Court’s net support on June 21, 2010, is a fine of 2.5 million won for the crime of violation of the Road Traffic Act, a fine of 1.5 million won for the same crime in the same court on August 20, 2012, and a fine of 1.5 million won for the same crime in the same court on August 27, 2013, sentenced to the suspension of the execution for six months in imprisonment for the same crime in the same court on August 27, 2013, and the said judgment on September 4, 2013

【Criminal Facts】

On August 12, 2014, at around 19:10, the Defendant driven a D-wing truck without a car driver’s license, while under the influence of alcohol content of approximately 0.223%, from around 3.3km to the front of the 75-o-vis-o-vis-o-vis-o-o-vis-o-ro, Gosong-gun, Gosong-gun, the Defendant was driving a D-wing truck without a car driver’s license.

As a result, the Defendant had driven a motor vehicle without a driver's license while under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (verification of the fixed date of judgment and attachment of the records of judgment), one copy of case search data, and application of Acts and subordinate statutes of a 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 Code for discretionary mitigation is that the defendant reflects the instant crime.

However, although the defendant had been punished for the same kind of drinking driving on several occasions, he committed the crime of this case, and the nature of the crime is heavy.

In particular, the Defendant committed the instant crime under the condition of 0.223% alcohol concentration due to drunk driving without being aware of during the period of suspension of execution.

. These points;

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