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(영문) 광주지방법원 2016.02.04 2015고단4435
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 December 21, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on December 21, 2012, and on January 25, 2013, the Defendant was issued a summary order of a fine of three million won for the same crime at the same court on January 25, 2013, and on February 14, 2014, the same court was sentenced to two years of suspension of execution for six months of imprisonment for a crime of violating the Road Traffic Act (drinking), and on February 22, 2014, the facts charged were stated as February 24, 2014, but they were found to be a clerical error.

This ruling has become final and conclusive and is still under suspension of execution.

On November 6, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a C rocketing motor vehicle in a section of about 1 km from the mutual aesthetic house located in the Seocheon-gu, Seo-gu, Seo-gu, Seo-gu to the flow of flow in the Seo-gu, Seo-gu, Seo-gu, Gwangju, with a level of alcohol concentration of 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A report on the detection of a primary driver;

1. Previous conviction: A reply to inquiry, such as criminal history, each summary order, and application of the text of the judgment;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) the Defendant had already been punished four times due to drunk driving, and was punished only once due to non-licensed driving; (b) the Defendant’s blood alcohol concentration was high; and (c) the instant crime was committed again during the suspension period of the execution due to drunk driving; and (d) the instant crime was committed again during the suspension period of the execution due to the instant drunk driving; and (c) the occurrence of the instant traffic accident due to the instant drunk driving.

However, the defendant reflects his criminal act and receives alcohol addiction counseling after this case, and does not repeat again.

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