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(영문) 광주지방법원 순천지원 2016.06.08 2016고단309
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 17, 2013, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law in the Gwangju District Court’s net support, etc. On July 18, 2014, the above court was sentenced to one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and completed the execution of the sentence in the Net Prison on June 10, 2015, and was sentenced to nine times of drinking driving.

[2016 Highest 309] On January 24, 2016, the Defendant driven Crocketing car with approximately 0.337% alcohol concentration in blood while under the influence of alcohol without obtaining a driver’s license from the Do in front of the commercial influent cafeteria located in the luminous Eup at the same time from the Do in front of the commercial influent cafeteria at the time of lightyang-si to the roads front of the 2km cafeteria at the same time.

[2016 Highest 581] On September 12, 2015, the Defendant driven C Lasta car at approximately 17 km away from the string parking lot located in the 14-lane 14th of the Manyang-si, Manyang-si, Manyang-si, without obtaining a driver’s license, from around 09:0 to the Manyang-si.

Summary of Evidence

[2016 Highest 309]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about reports on detection of drivers engaged in driving and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Report of a traffic accident (1 beams), report of a traffic accident (report of actual condition), evidence of a traffic accident (2016 order, 581);

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Detailed details on driver's license:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, summary order and text of judgment, respectively;

1. Article 148-1 (1) 1, Article 44-4 (1) of the Traffic Act (the point of drinking), Article 152-1, and Article 43 of the Traffic Act concerning 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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