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(영문) 광주지방법원 2014.11.06 2014고단3321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 30, 2008, the Defendant was punished by a fine of KRW 2 million due to the violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch on September 30, 2008. On December 23, 2011, the Defendant was punished by a fine of KRW 3 million by the Gwangju District Court for the violation of the Road Traffic Act (driving).

On August 13, 2014, the Defendant was under the influence of alcohol level of 0.057% without obtaining a driver's license on August 21, 2014, and driving B Eccoo vehicle at approximately 50 meters at the entrance of apartment at the apartment at the entrance of the apartment, who is a credit holder of Gwangju North-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Records and records: Application of criminal records, etc. 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. On July 3, 2014, the Defendant, who has five criminal records of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was sentenced to the imprisonment for four months with prison labor for driving without a license on July 3, 2014, and was still sentenced to the instant crime during the period of suspended execution, and the Defendant has caused a traffic accident due to drinking of the instant case and driving without a license, etc., the Defendant is selected to be sentenced to imprisonment with prison labor, taking into account the following factors: the Defendant’s age, character and behavior, and environment, etc.; and determine the term of

It is so decided as per Disposition for the above reasons.

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