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(영문) 광주지방법원 목포지원 2017.06.22 2016고단721
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 14, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking driving) at the Seoul Western District Court on July 14, 2006, and a fine of two hundred and five million won for the same crime at the Ulsan District Court on February 12, 2008.

[2] On May 20, 2015, the Defendant: (a) driven the Bone Star Corer under the influence of alcohol content of at least 0.145% while under the influence of alcohol without obtaining a driver’s license from around the rest area of the sewage, which is located in the 15:10 Sinpo City, to the ocean university, from around 600 meters away from the day before the rest area of the sewage, to the desan mountain road; and (b) the Defendant driven the Bone Star Corer.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Records of judgment: Inquiry about criminal records and application of each investigation report (verification of criminal records of the same kind as the suspect) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant, as indicated in the judgment below, was subject to the criminal punishment of a fine for driving alcohol as stated in the judgment; (b) the Defendant, on May 4, 2010, was subject to a fine of one million won due to driving without a license on the same day; and (c) on July 13, 2012, the Defendant had a history of being subject to one year of suspended sentence for four months; (b) the Defendant repeated driving of the instant drinking and non-license; (c) the Defendant’s blood alcohol concentration at a relatively high level of 0.145%; and (d) the sentence as indicated in the oral argument is determined by comprehensively taking account of all the factors for sentencing as indicated in the text.

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