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(영문) 광주지방법원 순천지원 2014.09.26 2014고단1168
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 11, 2008, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 11, 2008, and on August 2, 2012, the same court sentenced two years of suspended execution to imprisonment for the same crime, etc., and the judgment became final and conclusive on August 10, 2012.

【Criminal Facts】

On June 24, 2014, at around 21:44, the Defendant driven C New-Woon-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood-Wood,

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Statement of inquiry into driving without a license;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes concerning investigation reports;

1. Relevant provisions of Article 148-2 (2) 2, 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. The Defendant’s reason for sentencing alternative to imprisonment with prison labor is against the instant crime.

However, even though the Defendant had had been punished for the same kind of drinking driving on several occasions, the Defendant committed the instant crime, and in particular, did not know himself during the suspension period due to the same kind of drinking driving and did not drive the instant drinking without a license.

Considering these circumstances, the defendant is subject to punishment corresponding thereto, so it is decided as per Disposition.

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