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(영문) 광주지방법원 2015.09.17 2015고단2429
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 23, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court, and three years by a suspended sentence for six months by the same court on November 24, 201.

【Criminal Facts】

On April 21, 2015, the Defendant, without obtaining a driver’s license on April 21, 2015, driven B Poter truck at a section of about 2 km from the front of the dong Geong-gun’s dong screen located in the area of 0.206% of the blood alcohol concentration, to the entrance of the sulfur village located in the southsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a car driving certificate, a certificate of car driving, an appraisal report, an investigation report (applicable with the Tramark), the circumstantial statement of the driver concerned, and a report on detection of the driver concerned;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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. Sentence of a sentence is inevitable in light of the circumstances, such as the fact that three times of suspended execution (2004, 2008, and 2011) was imposed several times for the same kind of crime for sentencing under Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation, and that blood alcohol concentration is very high, and that the instant crime was committed during a traffic accident, and that it was committed during a traffic accident, it is inevitable to sentence of a sentence.

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

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