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(영문) 광주지방법원 2016.05.19 2016고단1183
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On June 26, 2008, the Defendant was sentenced to a summary order of KRW 7 million for a fine of KRW 5 million for the same crime in the Daejeon District Court on December 24, 2009, respectively, on the grounds that the Defendant violated road traffic laws (drinking on drinking), etc. at the Seocheon Branch of the Daejeon District Court. On April 4, 2013, the Defendant was issued a summary order of KRW 7 million for the same crime.

[2] On March 18, 2016, the Defendant driven a body car in C with alcohol content of 0.098% while under the influence of alcohol without a vehicle driver’s license from approximately 2km section from the front road of the 213-6 Do-dong, Seocheon-si, Seocheon-si, Do-si, 213 Enterprise Bank to the front road of the 137-6 Do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries into criminal history and investigation reports (the same criminal record and the continuation of judgment at an appellate trial);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is to have the record of being punished not less than six times including a suspended sentence due to driving of drinking alcohol for the reason of sentencing.

In particular, on June 26, 2008, the Daejeon District Court was sentenced to two years of imprisonment with prison labor for drinking driving, etc. in May 26, 2008 and was sentenced to four months of imprisonment with prison labor in the Daejeon District Court's Incheon District Court's Branch on November 6, 2009, and was sentenced to the first sentence of fine on December 24, 2009 at the appellate court.

In addition, in 2013, he was sentenced to a fine after driving at once in 2013, and again driving on December 25, 2015, he was indicted by the High Court 2016 order 206, and was committed the instant crime while the trial was pending.

.any such disadvantage.

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