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(영문) 광주지방법원 2014.05.16 2014고단961
도로교통법위반(무면허운전)등
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to a 6-month imprisonment and a fine of 7 million won for fraud, violation of the Road Traffic Act, etc. at the Gwangju District Court on May 18, 2013, and completed the execution of the sentence on May 18, 2013. On March 12, 2014, the Defendant, while under the influence of alcohol at 00:132% of the blood alcohol concentration, was driving a vehicle from the front side of a mutually influent meat restaurant in the Gwangju Mine-dong without a vehicle driver’s license to the front side of the vice apartment road in the Gwangju Mine-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes in which criminal records and personal identification and current status of confinement are recorded;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment, and the choice of imprisonment);

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant was sentenced to imprisonment with prison labor for the same kind of crime as the crime in this case, and the execution of the sentence was immediately completed and the execution of detention in the workhouse was completed, and the defendant committed each crime in this case within a short period of less than six months thereafter, and the defendant was subject to the violation of the Road Traffic Act due to drinking or non-license on three occasions. At the time of each of the crimes in this case, the defendant's blood alcohol concentration at the time of each of the crimes in this case, and all of the sentencing conditions, such as the defendant's character, age, etc. as stated in the records

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