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(영문) 광주지방법원 해남지원 2014.03.19 2013고단370
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 17, 2011, the defendant was sentenced to a fine of 6 million won for the violation of the Road Traffic Act in the Gwangju District Court's branch of the Maritime Court of Gwangju metropolitan on November 17, 2011, and three times more.

At around 22:25 on December 4, 2013, the Defendant, who had been punished twice or more due to a violation of the Road Traffic Act, driven B-wing trucks with approximately 500 meters of blood alcohol concentration 0.203% of alcohol level without a vehicle driver’s license, while driving them in the direction of the nautical miles office located in the same Eup/Myeon/Dong-nam Sea-gun, Namnam-do from the front of the 500-meter radius to the front of the nautical miles office located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The ledger of driver's licenses;

1. Control note;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of Acts and subordinate statutes of Part IV of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a record of being punished several times for drunk driving, in particular, the defendant is subject to a suspended sentence due to drunk driving, and the defendant is also subject to a prior disposition of a suspended sentence, and the defendant does not reflect the fact that he has been punished by a fine not to invalidate the suspended sentence even though he/she was under the suspended sentence while driving under the same condition while he/she was under the suspended sentence, and commits the crime of driving under the influence of alcohol and without obtaining a license. The fact that the drinking level in this case is very high, and the circumstances leading to the crime in this case and the defendant's age, character and behavior, family environment, and circumstances after the crime, etc. are considered

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