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(영문) 광주지방법원 순천지원 2017.08.25 2017고단1177

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to a summary order of a fine of seven million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on November 9, 2012, and on November 23, 2016, the Defendant was sentenced to a fine of eight million won for the same crime in the same court.

On June 14, 2017, the Defendant driven B, while under the influence of alcohol of about 0.117% during blood, without obtaining a driver’s license, at a section of about 100 meters from the front of the king cafeteria, which is located in the second way of the king-si, Mancheon-si, to the reputation letter or front of the road in the same way.

Accordingly, even though the Defendant had a record of violating drinking regulations more than twice, the Defendant used a motor vehicle under the influence of alcohol again and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, application of investigation reports (judicial judgment, summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 512, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act includes a number of criminal records having the same kind of criminal records for the defendant. In particular, on November 23, 2016, the court was sentenced to a fine for drinking, and thus did not go to several times after being sentenced to a driving by drinking, and thus re-offending. Meanwhile, the driving distance of drinking is shorter, and the defendant reflects the defendant, and the defendant's age, sex, family relation, environment, circumstances, and result of the crime, and the circumstances after the crime shall be comprehensively considered, and the sentence as ordered in the Disposition shall be determined as above.