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(영문) 광주지방법원 2016.05.12 2015고단3469
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 29, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the source of a water source method on August 29, 2008; on November 4, 2008, a fine of four million won for a violation of the Road Traffic Act (drinking driving); on April 29, 201, in the same court, on April 29, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving) at the same court on June 14, 201; and on October 29, 2013, the Defendant completed the execution of the sentence at the Macheon Prison prison on October 29, 2013.

On August 15, 2015, the Defendant driven a BA-purd motor vehicle under the influence of alcohol level of about 0.162% without obtaining a driver's license from the front side of the Gab light ray community service center at around 19:38 on August 15, 2015 to the front road of the same Han-dong KDN distance, while under the influence of alcohol level of about 500 meters.

On April 17, 2015, the Defendant, at around 06:59 on April 17, 2015, driven a 2015-pubed car from around the front of the office of female Yecheon-dong, Seoul with no driver's license, to the same city chemical factory.

Summary of Evidence

[2015 Highest 3469]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on driving alcohol (2016 altitude 949);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, identification and acceptance status, and Acts and subordinate statutes to report an investigation (verification of repeated records, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravation of Concurrent Crimes have already been punished several times due to drinking driving, etc. as stated in the judgment in the previous conviction. The above is the same.

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