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(영문) 광주지방법원 2018.03.22 2018고단493

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[2] On January 26, 2012, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (non-licenseless driving) in the Gwangju District Court's support for the promotion of the Gwangju District Court on January 26, 2012, and was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court on January 20, 2015, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act (non-licenseless driving) at the Gwangju District Court on December 24, 2015, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving driving) at the Gwangju District Court on April 21, 2016 and on December 4, 2016.

[Criminal facts] The Defendant is a person engaged in Crando XG car business.

On September 30, 2017, around 01:15, the Defendant driven the above passenger vehicle under the influence of alcohol concentration of 0.085% while under the influence of alcohol level 0.085% in the blood alcohol level without a driver’s license, from the Dogle of the Nam-gun, the Nam-gun, the Southern-gun, the Southern-gun, the Dogle of the Southern-gun, to the extent of the 1.C road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of a report on detection of drivers engaged in driving and crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Each investigation report (report attached to the same criminal records and other concurrent records of the suspect), personal confinement status, application of criminal history-related Acts and subordinate 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In addition to the record of the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant had been already punished several times for the same kind of crime. Among them, the Defendant committed the instant crime since one year has not passed since the execution of a sentence sentenced to the same kind of crime was completed, and in light of this, the instant crime was committed.