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(영문) 광주지방법원 2014.08.14 2014고단1831
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of KRW 2.5 million at the Gwangju District Court on December 16, 2010, and was issued a summary order of KRW 4 million on September 27, 2013 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 22, 2014, at around 03:00, the Defendant driven Cho-do car without obtaining a driver's license in the section of about 2 Km of alcohol level 0.228% while under the influence of alcohol level at around 03:28%, from the front of the Seo-gu Pungdong Community Credit Cooperatives, Seo-gu, Seoul to the front of the entrance of the same Seocho-dong Village.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, once again driven a motor vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The General of Driver's Licenses (A);

1. Previous convictions indicated in judgment: Application of an inquiry inquiry report, such as criminal records, protocol of investigation progress (a) and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on the Probation, etc. not only driven a motor vehicle while the driver's license was revoked, but also committed the crime of this case even though he had been punished several times due to the crime of drinking driving, which is the same kind of crime in the past. The degree of the defendant's drinking driving in this case

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