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(영문) 광주지방법원 2016.09.01 2016고단2633
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On December 15, 2006, the Defendant, at the Gwangju District Court, sentenced six months to imprisonment for a violation of the Road Traffic Act (driving), and on March 11, 2008, the above court sentenced six months to imprisonment for a violation of the Road Traffic Act (driving), and on September 11, 201, the above court sentenced five months to imprisonment for a violation of the Road Traffic Act (driving) and on July 3, 2013, and completed the execution of the sentence by the pertinent court on December 7, 2014.

On June 2, 2016, at around 20:50, the Defendant driven a Cwing-in vehicle under the influence of alcohol with approximately 0.182% of alcohol level 0.182%, without obtaining a driver's license, from around 2km to the third-distance road located in the same 322km-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

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. The reason for sentencing Article 35 of the Criminal Act, including five times of punishment from 2001 to 2013, the Defendant was punished five times for drinking without a license, and re-offending without being aware of the same type of repeated crime during the period of repeated crime. Since the degree of blood alcohol concentration is considerably high, the Defendant’s sentence is inevitable.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.

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