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(영문) 광주지방법원 2015.12.22 2015고단4481

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 30, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 6 million by the same court on January 20, 2014.

On October 20, 2015, the Defendant, without obtaining a driver’s license at around 23:49, driven Bone Star Cargo at a section of about 20 meters of the road in front of the Kaf-dong in Gwangju Northern-gu, under the influence of alcohol of 0.131%.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and written judgments;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Considering the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is subject to punishment three times for drunk driving in 2006, 207, and 2014, without license, the Defendant was subject to punishment three times in 200, 2008, and 2014, the Defendant’s blood alcohol concentration is high, the Defendant committed the instant crime again in the period of suspension of execution due to a traffic accident due to a non-licenseless driving, and the Defendant again committed the instant crime again in the period of suspension of execution for two months, and the Defendant committed a traffic accident due to the instant drunk driving without any reflect nature, it is inevitable to sentence sentence imposed on the Defendant.

However, since there are favorable circumstances such as the fact that the defendant's spouse and 4 children who should be supported by the defendant are under confinement for a long time, and that the defendant does not repeat again, they should be considered. In addition, the defendant's age, character and conduct, environment, health conditions, circumstances of the crime, and the crime.