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(영문) 광주지방법원 2013.07.26 2013고단2160
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 16, 2007, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on October 7, 201, and sentenced to a fine of three million won for the violation of the Road Traffic Act (driving) at the Gwangju District Court on October 7, 201, and on April 2, 2013, the Gwangju District Court was sentenced to a suspended sentence of two years for a suspended sentence of eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2013. 2. 9.경 자동차운전면허가 취소된 사람으로서, 2013. 5. 11. 10:10경 광주 서구 금호동에 있는 종원팰리스빌 110동 주차장에서부터 같은 날 11:10경 광주 북구 신안동에 있는 제일오피스텔 지하주차장까지 약 8km 구간에서 혈중알코올농도 0.320%의 술에 취한 상태로 D SM7 승용차를 운전하였다.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes (attached to the same type of crime and summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant has been sentenced two times to a fine for the same crime and to a suspended sentence for the reason of sentencing, and the defendant has repeatedly committed the crime of this case only one month after the commencement of the suspended sentence.

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