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(영문) 광주지방법원 순천지원 2014.05.13 2014고단518
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 30, 2010, the Defendant sentenced one year and two months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicle) in the Support of the Gwangju District Court, and completed the execution of the sentence in the Net Prison on November 30, 201.

On April 12, 2007, the defendant was sentenced to a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on April 12, 2007, and sentenced to a suspended sentence of KRW 2 months for the same crime in the Gwangju District Court on September 5, 2008. On December 19, 2008, the defendant was sentenced to a suspended sentence of 4 months for the same crime in the Gwangju District Court's net support on December 19, 2008, and was sentenced to a suspended sentence of 2 years for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licensed driving)

【Criminal Facts】

On December 28, 2012, at around 22:07, the Defendant, without a driver’s license, driven Cunstun car at approximately 300 meters in the section of the land for death in the same time from the influent cremation house to the front of the land for death, while under the influence of alcohol by 0.128% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Previous records: References to criminal records and investigation reports (Attachment of judgments of the same kind as a suspect) shall be applied by statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1, 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Although there are favorable circumstances such as the reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation is against the defendant, the circumstances that led to the instant crime are considered, and the occurrence of traffic accidents in this case is not occurred, there are several instances of fines, suspension of the execution of imprisonment, and imprisonment with prison labor.

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