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(영문) 광주지방법원 2017.09.07 2017고단3058

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On May 8, 2014, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Gwangju District Court on June 26, 2015, and a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving), etc. at the same court on June 26, 2015, and on April 27, 2017, the same court was sentenced to a suspended sentence of imprisonment for six months due to a violation of the Road Traffic Act (dacting driving) and the judgment became final and conclusive on May 5, 2017 and is currently under the suspended sentence period

[2] On May 7, 2017, the Defendant driven a DNA car under the influence of alcohol content of 0.107% while under the influence of alcohol without obtaining a driver’s license, from approximately 20 meters to the front road of the head office of the Gwangju Bank located in 225 of the same route from the roads near the Gwangju East-dong Fire Station in the Dong-gu, Gwangju-gu, Gwangju-gu, Gwangju-dong, to the roads in front of the head office of the Gwangju Bank located in 225 in the same route.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. The point of previous convictions: The application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to the judgement, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that there is a history that the defendant was punished three times due to drinking driving. In particular, in light of the fact that the defendant was sentenced to imprisonment on April 27, 2017 by the court on June 27, 2017 for the most recent crime of drinking driving, and the defendant was committed with drinking and non-licensed driving of this case, and the crime is very high in light of the fact that the defendant committed the crime of drinking and non-licensed driving of this case.

However, considering the favorable circumstances in which the defendant reflects the crime, the age, sex, environment, family relationship, motive, means and result of the crime of the defendant;