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(영문) 광주지방법원 장흥지원 2016.01.28 2015고단228
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On August 8, 201, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Gwangju District Court’s support on August 8, 201, a summary order of KRW 3 million in the same court on October 5, 2011, and a summary order of KRW 5 million in the same court on April 10, 2013, respectively, for the same crime. On August 31, 2015, the Defendant was sentenced to a summary order of KRW 5 million in the same court on April 10, 201, and on September 8, 2015, was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. on September 8, 2015.

[2] On November 9, 2015, the Defendant driven a C Poter Cargo under the influence of alcohol content of 0.144% while under the influence of alcohol without obtaining a driver’s license, from the front of the Defendant’s house located in Jinjin-gun, Jinjin-gun, the same Do to the front road of the Jinjin-gu, the same military medical center located in the same 7km-si, the Defendant driven a C Poter Cargo under the influence of alcohol content of 0.14%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the results of regulating drinking driving, the ledger of driver's licenses, and investigation report on the driver's license (related to the application of the above d

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation, etc. of the previous history thereof), previous convictions and results of confirmation of the previous convictions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on Reduction of Small Quantity has the record of having been punished several times for the same kind of crime, and in particular, even if the defendant was sentenced to two years of suspension of execution on August 31, 2015 due to a violation of the Road Traffic Act (dacting driving), he again committed the instant crime during the grace period even though he was sentenced to two years of suspension of execution.

In addition, the crime of this case is the cross-section of the defendant.

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