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(영문) 광주지방법원 해남지원 2017.01.12 2016고단436

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 25, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law in the support of the Gwangju metropolitan District Court on July 25, 2013. On June 18, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of road traffic law in the same court.

[2] Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as seen above, the Defendant was driving a B-learning car not covered by mandatory insurance with a alcohol level of about 0.11% in the 2km of the blood alcohol level in the 2km section of Jindo-gun, Jindo-gun, Jindo-gun, Seoul, about September 27, 2016 and around 46, the south-do, Jindo-gun, Jindo-do, Seoul, about 6945, as the Eup-do 119 safety center was located in the front of the 2km-do 119 safety center.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving at home, notification on the results of crackdown on drinking, and inquiry into mandatory insurance;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, (A), a report on investigation (verification of the same records of the suspect, and attachment of the relevant written judgment), and the application of the provisions of four copies of the judgment (including summary orders);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume are that the Defendant repeats the driving of drinking without any particular crime despite the fact that he/she had been punished several times due to drinking driving.

It is inevitable to sentence sentence to prevent the recidivism of a defendant.

In determining specific sentence, it shall be taken into consideration in favor of the defendant's reflection, and the age, sex, environment, details of the crime, and after the crime is committed.