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(영문) 광주지방법원 목포지원 2015.05.29 2014고단550
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 20, 2008, the Defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act in the wooden branch of the Gwangju District Court of Gwangju on June 2008, and was sentenced to a fine of 3 million won for the same crime of violating the Road Traffic Act from May 24, 2011 to a fine of 3 million won for the same crime of violating the Road Traffic Act. From the same support on April 23, 201, the Defendant was sentenced to a suspended sentence of 10 months for the same crime of violating the Road Traffic Act from the same support on April 23, 201

5. 1. The judgment became final and conclusive.

On April 11, 2014, at around 21:20, the Defendant driven C Poter cargo vehicles with a blood alcohol concentration of about 0.213% while under the influence of alcohol without obtaining a driver’s license, from the front of the Bupyeong-gu Busan Metropolitan City, Young-gun to the front day of the 3km-ro in the same military document, in the form of alcohol of about 3km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation has the history of having been subject to punishment several times due to drunk driving, etc. prior to the date of suspension of sentence, the Defendant had been subject to punishment prior to the date of suspension of sentence, which was in the period of suspension of sentence. The Defendant’s blood alcohol content also was measured to 0.213%, and the Defendant failed to appear on several occasions on the date of trial without any particular reason even after receiving summons notice from this court. In light of the above, the Defendant shall be sentenced to imprisonment with prison labor.

However, it is against the defendant's wrong and reflects the defendant's wrong.

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