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(영문) 광주지방법원 2015.04.30 2015고단549
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 31, 2006, the defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on October 31, 2006, and on October 23, 2014, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Gwangju District Court on October 23, 201, and the prosecutor appealed at the appeal court.

A person who is still in force and has violated Article 44 (1) of the Road Traffic Act at least twice.

【Criminal Facts】

On January 10, 2015, the Defendant, without obtaining a driver's license on January 23:48, 2015, driven a B B B B B B B-U car from a 50-meter radius from the front side of the Gwangju Northern Port to the bottom of the road while drunk alcohol concentration of 0.06% is drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Previous convictions in judgment: Criminal records, copies of judgment, and application of Acts and subordinate statutes governing the search of bareboat cases;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for six months; imprisonment for a violation of the Road Traffic Act in 2004, 2005 and 2006; and for a violation of the Road Traffic Act in 2008; imprisonment with prison labor for a period of six months; imprisonment with prison labor for a violation of the Road Traffic Act in 2008; and a violation of the Road Traffic Act in violation of the Road Traffic Act. On October 23, 2014, the suspension of the execution for six months shall be suspended.

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