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(영문) 광주지방법원 해남지원 2015.07.16 2015고단133
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 7, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months or 2 years of suspension of execution due to a violation of the Road Traffic Act, and on September 17, 2013, the Defendant was sentenced to imprisonment with prison labor for 4 months or 2 years of suspension of execution due to the same crime in the same court on September 17, 2013 and the said judgment became final and conclusive on September 25, 2013

On February 28, 2015, at around 23:17, the Defendant, without a car driver’s license, driven C truck at a section of approximately 100 meters from the front day of the bones of the Yido in the Yido, Yido, Yido to the front day of the opening of the Yido in the Yido, Yido to the front day of the opening of the Eup in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of each of the Acts and subordinate statutes, such as inquiries into criminal records, etc., reports on criminal investigations (report attached to judgments, etc.), judgment, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

1. Sentence of a punishment shall be imposed in light of the fact that the criminal defendant has been punished several times for the same kind of crime as the sentencing reason under Articles 40 and 50 of the Commercial Concurrent Crimes Act, and that drinking, unlicensed driving, and blood alcohol concentration is high during the period of probation: Provided, That the sentence shall be fixed as stated in the disposition, considering the fact that the criminal defendant is against himself/herself, has family members who are able to look at only one person, and disposes of the motor vehicle with the intention to not repeat a crime;

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