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(영문) 광주지방법원 순천지원 2015.02.04 2014고단1755
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on January 28, 2008. On June 18, 2014, the above court was sentenced to a fine of five million won due to the same crime, etc., and at present, the appellate court's appeal (the appeal by the prosecutor) is pending in the Gwangju District Court. On February 4, 2010, the Defendant was sentenced to three years of imprisonment due to a violation of the Punishment of Violence, etc. Act (a collective injury, deadly injury, etc.) in the Gwangju District Court's Support on May 7, 2013.

Criminal facts

On July 7, 2014, at around 23:20, the Defendant driven a bppon car with the blood alcohol concentration of 0.061% without a driver’s license in the three-meter section of the road in front of the “Saar Ehym Ehym” located in the Saehy Ehym cremat.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the proper launch of a suspect for drinking, and report on the status of the driver himself/herself;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to cases during suspect trials and copies, etc. of the same kind of court records), seven copies of written judgments, and seven copies of written judgments, and the application of Acts and subordinate statutes concerning personal identification and confinement;

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. Article 35 of the Criminal Act among repeated crimes;

1. In light of the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) and 55(1)3 (c) of the Criminal Act, the Defendant was under the period of repeated crime due to drinking without a license, driving without license, etc., and was indicted by a fine on February 2014, and the appellate court was under the influence of a fine, but the Defendant again repeated the same offense for a period of six months or more without being aware of, and without being aware of, the sentence against the Defendant.

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