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(영문) 광주지방법원 2017.06.15 2017고단715
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 23, 2009, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Gwangju District Court on January 11, 201, 200 years from the suspension of execution on April 26, 201 due to a violation of the Road Traffic Act (drinking driving), and on November 26, 2015, the Defendant was sentenced to imprisonment on July 26, 201 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous Driving) and a violation of the Road Traffic Act (drinking driving), and completed the execution of the sentence in the Gwangju District Court on July 26, 20

1. Around February 22 and 10, 2017, the Defendant driven a Done Star Co., Ltd. car in the state of alcohol alcohol concentration of about 0.141% at a section of about 2km from the front of the jum apartment road located under thewest-gu, Gwangju, Gwangju to the innovation discount road located under the same west-gu.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of the Daone Star Co., Ltd. without the driver’s license in approximately 4 km section from the Cheongwon Apartment apartment parking lot located in the Gero-gu, Chungcheongnam-gu, Gwangju at the same time as the above paragraph 1 to the roads before the innovation discounts in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. Electronic data;

1. The point of previous convictions: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.), application of the defendant's statutory statement statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) is as follows: (a) the Defendant committed the instant crime on November 26, 2015, even though he/she had the ability to drive a large number of alcohol and drive without obtaining a license; (b) the Defendant committed the instant crime.

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