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(영문) 광주지방법원 목포지원 2015.07.17 2015고단454
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 18, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act, on May 4, 2010, to a summary order of KRW 2.5 million for a violation of the Road Traffic Act, on September 27, 2011, to a fine of KRW 2 million for a violation of the Road Traffic Act, at a wooden Branch Branch of the Gwangju District Court, on November 1, 201, to a summary order of KRW 2 million for a violation of the Road Traffic Act, at a wooden Branch of the Gwangju District Court. On November 1, 201, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act, at the Gwangju District Court's wooden Branch of the Gwangju District Court, and on November 12, 2013, the Defendant completed the sentence on May 14, 2014.

At around 15:00 on March 26, 2015, the Defendant driven a DNA X-ray car while under the influence of 0.104% of alcohol concentration without obtaining a driver's license in the vicinity of the transformation station distance in the Young-si, Young-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records and written judgments) and application of Acts and subordinate statutes to the current status of personal identification;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the fact that the defendant had a record of multiple times of punishment for the same kind of crime before the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the reason for sentencing below), and that the defendant committed the crime of this case even though he was committed during the period of repeated crime, it is inevitable to sentence imprisonment with prison labor for the defendant.

However, it is said that the defendant has repented his mistake.

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