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(영문) 광주지방법원 해남지원 2014.10.15 2014고단205
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court's Maritime Branch on August 31, 201, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the same support on February 7, 2011.

On July 7, 2014, the Defendant, without obtaining a driver’s license on July 20:51, 2014, driven C Costa Car with approximately 0.15% alcohol content at a section of about 20km from the front day of the franchisium in the north-west, South-west, South-west, west-do to the front day of the Choyang-gu, west-gu, west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking-driving driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports (A) and application of four copies 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has been punished several times prior to the instant crime. In particular, the Defendant had the record of being subjected to a suspended sentence. Nevertheless, considering the fact that the Defendant committed each of the instant crimes, and that the blood alcohol concentration in the instant case is relatively high, a sentence of sentence is inevitable.

However, in consideration of the fact that the defendant repents his mistake in depth, and various circumstances, such as the defendant's age, character and conduct, family environment, and circumstances after committing the crime, etc. recorded in the records of this case, it is sentenced as ordered within the scope of discretionary mitigation.

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