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(영문) 광주지방법원 2016.12.22 2016고단5068
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2007, the Defendant was sentenced to six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court, on April 23, 2009, sentenced five months by the same court for a violation of the Road Traffic Act (driving), and on February 6, 2014, in the same court, sentenced one year and six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving), and completed the execution of the sentence at the interesting prison on September 25, 2015.

On October 13, 2016, at around 23:20, the Defendant driven a Cren motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.126% from the 500-meter section to the roads before Samsung Digital Froon, located in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and confirmation of date of release) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. In light of the reason for sentencing Article 35 of the Criminal Act among repeated crimes, considering the fact that the defendant was not aware of the recidivism during the period of repeated crime due to drinking driving, and that the defendant was punished three times by multiplying the drinking driving by one, including the punishment that has been imposed three times before that time, a sentence of sentence on the defendant is inevitable.

Accordingly, all the sentencing conditions shown in the arguments of this case, such as driving distance, blood alcohol concentration, age, character and conduct, environment, health condition, circumstances after the crime, etc., shall be determined as ordered by considering all the sentencing conditions shown in the arguments of this case.

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