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(영문) 광주지방법원 2018.09.11 2018고단2812

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On March 27, 2009, the Defendant was issued a summary order of a fine of 500,000 won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on March 16, 201, the Defendant was sentenced to a summary order of a fine of 3 million won for a crime of violating the Road Traffic Act (drinking) at the same court on March 16, 201, and on June 3, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking).

On July 4, 2018, at around 21:40, the Defendant driven a B-wing truck with approximately 2 km from the front side of the Nam-gu Busan Nam-dong 119 U.S., to the front side of the roren apartment complex, in a state of drinking alcohol concentration of 0.132% 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. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

B. Unfavorable conditions: The Defendant was punished three times due to drinking driving prior to the instant case, and committed again the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of imprisonment in 2015, and that he/she had a high alcohol concentration during blood transfusion.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.