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(영문) 광주지방법원 2013.10.16 2012고합1117
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 3, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on December 3, 2007; on November 27, 2007, a fine of one million won for a violation of the Road Traffic Act (free license); on July 2, 2008, in the same court on July 2, 2008, a fine of one million and five hundred and five hundred thousand won for the same crime; on July 21, 2008, in the same court on July 21, 2008, the defendant was notified of a summary order of one million and five hundred and fifty thousand won for the same crime; on November 6, 2009, the defendant was sentenced to a suspended sentence of six months for the same crime at the Gwangju District Court on February 16, 2012; and on February 24, 2012, the suspension of the sentence becomes final and conclusive as of the same month.

Around 22:20 on October 4, 2012, the Defendant driven a B-car without the driver’s license from the front day of the G-dong cafeteria of the Gwangju Mine-gu to the front day of the Central Child Hospital (hereinafter “Central Child Hospital”), under the influence of alcohol content of 0.110%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the situation of a drinking driver, a report on the state of a drinking driver, a report on the state of his standing statement, an inquiry into the results of the crackdown on drinking and driving, and the

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reference reports (A), investigation reports (report accompanied by a written judgment), investigation reports (report accompanied by a written judgment, etc.);

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. The current Road Traffic Act provides that a person who has violated two or more provisions concerning the prohibition of drinking under the influence of alcohol shall be punished more strictly in the case of driving under the influence of alcohol again for the purpose of preventing the driving under the influence of alcohol which threatens the safety of road traffic and overcoming the awareness of such a violation, and the defendant shall be suspended from driving under the influence of alcohol.

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