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(영문) 광주지방법원 해남지원 2017.09.21 2017고단284

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 8, 2007, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law at the Gwangju District Court, etc., and on April 23, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of road traffic law at the Southern Branch of the Gwangju District Court.

[2] Although the Defendant had been punished twice or more for the crime of violating the Traffic Act on the road as seen above, the Defendant was driving a Bmonn vehicle in the Bmonn section from approximately 2 km to the nearest road located in 7266 meters in the Geum-gun, Jindo-gun, Jindo-gu, Jindo-do, Seoul, under the influence of alcohol leveling to 0.325% of the alcohol level during blood while under the influence of alcohol leveling around 23:5 on July 12, 2017 without a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the owner, report on the circumstances of the driver on the owner’s license, and the register of driver’s licenses;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: (A) a response to inquiries, such as criminal history, etc., (A) an investigation report (Attachment to a copy, etc. of the judgment), and application of three copies of the judgment;

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 Defendant committed the instant crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though he/she had been subject to punishment several times due to drinking, driving without a license, and driving without license.

In addition, the amount of alcohol concentration among the blood of the defendant at the time of driving is very high.

It is inevitable to sentence a sentence in that the defendant repeats the driving of drinking without any particular crime.

In determining the specific sentence, all the factors of sentencing revealed in the trial of this case, such as the age, sex, environment, background, circumstances after the crime, etc. of the defendant, shall be considered.