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(영문) 광주지방법원 순천지원 2016.05.25 2015고단2637
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 9, 2008, the Defendant was sentenced to imprisonment for eight months due to a violation of road traffic law in the Gwangju District Court’s net support, etc., and eight months due to the same crime in the same court on May 28, 2010. On April 17, 2013, the Defendant was sentenced to imprisonment for six months due to a violation of road traffic law (unlicensed driving) in the same court on April 17, 2013 and completed the execution of the sentence in the Gwangju District Court on October 16, 2013.

[2] On October 26, 2015, the Defendant driven a C-wing truck owned by the Defendant under the influence of alcohol concentration of about 0.155% while under the influence of alcohol while under the influence of alcohol while under the influence of alcohol leveling from about 10km to the front road of the same Dom page of the same Gun, from the day before the day of the day of the day of the sunlight cafeteria, which is located at the right side of the same Dom of the Dom of the Dom of the Dom of the Dom of the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Fact-finding reports, the ledger of driver's licenses for automobiles, and inquiry into association with the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (in Part VII of the relevant judgment and the current status of confinement of individuals);

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. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are as follows: (a) the Defendant confessions and reflects the instant crime; and (b) the fact that the health is not good is favorable.

However, the crime of this case is that the defendant driven a cargo vehicle while under the influence of alcohol 0.15% without a driver's license under the influence of alcohol 0.15%, and the issue is not less than that of the blood alcohol concentration, driving distance, etc., and the defendant is only four times the record of punishment by drinking, driving without a driver's license, etc., and the same crime is the same.

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