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(영문) 광주지방법원 장흥지원 2017.02.16 2017고단14

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 19, 2006, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution due to a violation of road traffic law at the Seoul Central District Court on July 15, 2009, sentenced to a fine of 2.5 million won for the same crime at the Seoul East District Court on July 15, 2009. On May 24, 2012, the Defendant was issued a summary order of 4 million won for the same crime at the interest support of the head of the Gwangju District Court on May 24, 2012, and on September 1, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution due to a violation of road traffic law (refluence of drinking), and the judgment became final and conclusive on September 9, 2016.

[Criminal facts] On January 6, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 09:00, driven the motor vehicle of Cwing-III in the section of approximately 1km of the road of the same Eup/Myeon 39 meters prior to the same Eup/Myeon, from the Green Hospital located in the Gangnam-gun, Gangwon-gu, Gangwon-do, the alcohol level of which is 0.092% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, report on the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, and the register of driver'

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions in the same offense and the previous convictions in the suspension of execution);

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. Circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reasons for sentencing): The circumstances that have been punished several times for the same kind of crime, especially those that are favorable to the fact that there seems to be insufficient awareness of the crime of drinking and non-licensed driving, such as committing the instant crime again during the period of probation: the Defendant has led to the confession of the instant crime, and is not driving again.