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(영문) 광주지방법원 2018.11.06 2018고단3624

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 23, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law in the Changwon District Court's Jinju Branch's Seoul District Court's order on February 15, 2013. On March 26, 2014, the Defendant was sentenced to a summary order of KRW 4 million for the same crime at the Gwangju District Court's same court's same court's order on March 26, 2014. On June 1, 2017, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime and was released on October 27, 2017 and the period of parole was passed on November 30, 2017 during the execution of the sentence.

On July 28, 2018, around 10:55, the Defendant driven C Lasta car under the influence of alcohol concentration of about 0.275% without obtaining a driver’s license from the front of the main station located in the Gwangju Mine to the roads adjacent to the Southern-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, text of judgment, personal confinement status, and application of summary order 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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished four times prior to the instant case due to drinking or unlicensed driving, and the Defendant again committed the instant crime without being aware of it during the repeated period due to drinking driving, as seen in the holding, and the alcohol concentration in blood was very high, etc.

C. Article 51 of the Criminal Code, which is shown in the defendant's age, sex, environment, and other records of this case.