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(영문) 광주지방법원 순천지원 2017.12.08 2017고단1697

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On May 29, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to the crime of violating the Road Traffic Act at the Gwangju District Court, and on April 24, 2014, the Defendant was issued a summary order of 7 million won of fine for the crime of violating the Road Traffic Act in the Gwangju District Court's net support.

On July 4, 2017, the Defendant driven Bone Star Co., Ltd. at around 21:50, while under the influence of alcohol concentration of about 50 meters from the front of the restaurant to the front of the third apartment complex in the same Dong from around 50 meters to around the road of the third apartment complex in the same Dong without a driver's license.

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. Application of two copies of an inquiry letter, such as criminal history, and a copy of a summary order, and two copies of the judgment under two Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 provides that the defendant has a majority of criminal records of the same kind for the reasons of sentencing, the fact that he/she has been sentenced to a suspended sentence, the fact that he/she has high alcohol concentration in blood, the short distance of driving and non-licenseless driving, the defendant's age, sex, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as the sentence of this case by comprehensively taking into account.