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(영문) 광주지방법원 순천지원 2016.07.05 2016고단528
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 31, 2010, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law in the Gwangju District Court's net order support on December 31, 2010, and on June 13, 2013, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (dacting driving) at the same court, and completed the execution of sentence at the Ycheon Prison on December 12, 2013.

On March 27, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on March 27, 2016, driven a two-way radio-based 27 Southyang apartment 205, the front parking lot of the 200-meter radius from the 21st century to the front road of the 21st century, while under the influence of alcohol content of 0.089%.

As a result, the defendant was punished more than twice as a crime of violating the Road Traffic Act, and again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the ledger using drinks for drinking;

1. Inquiries about the results of crackdown on drinking driving;

1. Suppression photographs;

1. The driver's license ledger (A);

1. Previous convictions: The application of Acts and subordinate statutes reporting criminal history, personal identification and confinement status, previous convictions and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. In full view of the criminal records of the defendant for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the crime of this case during the period of the same type repeated crime), the amount of drinking alcohol in this case, and the circumstances of drinking driving, etc., the punishment is determined as ordered in the same manner as the sentencing is imposed;

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