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(영문) 광주지방법원 목포지원 2015.02.13 2015고단26
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 27, 2009, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on October 27, 2009, and a summary order of KRW 5 million for the same support on February 24, 2010.

In addition, in the same support on October 25, 201, after being sentenced to a suspended sentence of two years for the same violation of the Road Traffic Act (after-accident), the suspended sentence was revoked on December 5, 2012 by the Gwangju District Court on July 30, 2013 during the execution of each of the above suspended sentence, and the parole period was expired on September 3, 2013, and on September 15, 2014, a fine of KRW 10 million for the violation of the Road Traffic Act is still pending in the appellate court judgment after being sentenced to a suspended sentence of three months for the crime of violation of the Road Traffic Act (driving) at the Gwangju District Court on December 5, 2012.

【Criminal Facts】

On December 13, 2014, at around 18:30, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of 0.261% under the influence of alcohol without obtaining a driver’s license from approximately 15km section from the roads adjacent to the industrial complex in Young-gun, Young-si, Seoul, to the Mapo-si, Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a drinking driver, ledger on use of a drinking measuring instrument, table for appraisal, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal history records, inquiry reports (A), criminal investigation reports (reports on confirmation of the date of release of a suspect), investigation reports (verification of the date of release of the suspect), and judgment, etc.;

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. Commercial concurrence;

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