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(영문) 광주지방법원 순천지원 2016.02.11 2015고단2444
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 7, 2011, the Defendant was issued a summary order of a fine of 2.5 million won for a violation of road traffic law (drinking driving), etc. on the support of the Sungnam branch of Suwon District Court on February 7, 2011. On March 11, 2013, the Defendant was issued a summary order of 5 million won for the same crime, etc. on March 11, 2013. On December 24, 2014, the Defendant was sentenced to a suspended sentence of 2 years for embezzlement at the Seoul Central District Court on June 6, 2015, which became final and conclusive on June 6, 2015.

On November 12, 2015, the Defendant, around 00:50, driven a D rocketing car under the influence of alcohol content of 0.223%, without obtaining a driver’s license, from the section of about 20km up to the roads front of the Saemaul Undong, in front of the Saemaul Undong, if the Defendant was influenced in front of the trade name in the Manyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall inquire into the alcohol appraisal report, the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, summary text of an order, such as criminal history, and of two copies of the judgment;

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

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

1. Consideration, such as the fact that repeated driving of alcohol for the reason of sentencing selective sentencing of imprisonment with prison labor seems highly likely to cause recidivism and that the amount of alcohol concentration in the blood is also very high;

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