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(영문) 광주지방법원 목포지원 2018.11.09 2018고단736

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court Support on November 10, 2010. On February 7, 2012, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 12, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. On August 12, 2016, the Defendant was released on parole on February 28, 2017 and was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act, such as the remaining term of imprisonment for a crime of violating the Road Traffic Act.

[Criminal facts] On July 25, 2018, the Defendant driven a E Car with alcohol content of about 0.079% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the Defendant’s house located in Yong-gun B to the front of D located in the same military field C, around 1km.

As a result, even though the Defendant was punished more than twice for a crime of violating the Road Traffic Act, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of the driver driving on the vehicle, report on the results of regulating the driving of drinking, and register of driver's licenses;

1. Criminal records as stated in the judgment: Application of a reply to inquiry, such as criminal history, three copies of the judgment, two copies of the summary order, and the current status of acceptance by each individual;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction and Exemption of Small Quantity shows that the defendant's blood alcohol concentration was 0.079%, and the defendant's blood content was not higher than 0.079%, and the defendant committed the crime in this case.