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(영문) 광주지방법원 2017.02.09 2016고단4107
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 27, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. at the same court.

"2016 Highest 4107"

1. On September 7, 2016, at around 14:29, the Defendant driven a C observer car under the influence of alcohol concentration of about 0.340% without obtaining a driver’s license from the 10K section from the west in the front side of Scki-gun, the Southern-gun, the Republic of Korea, to the front side of the 10K section of the same Gun-Eup culture, and without obtaining a driver’s license from the 10K section of the same Gun-Eup.

"2016 Highest 5528"

2. On September 23, 2016, around 07:19, the Defendant driven a Cobserver car under the influence of alcohol content of about 0.121% while under the influence of alcohol, without obtaining a driver’s license, from a section of about 2 km from the front side of the Southern-gun, Southern-gun, Seoul to the front side of the same Gun-Eup.

Summary of Evidence

[2016 Highest 4107]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement on the circumstances of the driver's license in the main place (2016 senior group 5528);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been punished three times from 2007 to 2012 by the Defendant for drinking without a license and repeated driving of drinking and without a license even though he/she has been punished four times, and even for each of the crimes of this case, he/she is a self-driving on September 7, 2016.

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