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(영문) 광주지방법원 순천지원 2013.06.14 2013고단520
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving without a license) in the Gwangju District Court's net support on May 2, 2007, and a fine of 1 million won for a violation of the Road Traffic Act (driving without a license) in the same court on March 2, 2010, and on August 17, 2011, the same court was sentenced to a fine of 4.5 million won for a violation of the Road Traffic Act (driving without a license), and on May 15, 2013, the above judgment was finalized on May 23, 2013.

On March 4, 2013, at around 17:50, the Defendant driven a B-type cargo vehicle without a driver’s license, under the influence of alcohol alcohol concentration of about 3 km from the front of the Dobong-do screen of Goung-gun, Goung-gun to the front of the free space shot bar located in the same page.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc. and a copy of summary order;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant confessions the crime of this case and expresses that his mistake is divided, and the equity should be considered when the judgment is rendered together with the violation of the Road Traffic Act (unlicensed driving) in which the judgment became final and conclusive for the crime of this case, etc.

However, the defendant has a number of records of violating the Road Traffic Act, and the defendant makes a decision on January 29, 2013.

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