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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1866

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On May 18, 2016, the Defendant was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act, 1 year of imprisonment with prison labor for a violation of the Road Traffic Act at the net support of the Gwangju District Court on June 23, 2010, 3 years of suspended execution for a violation of the Road Traffic Act, 3 years of suspended execution for 10 months of imprisonment with prison labor for a violation of the Road Traffic Act at the net support of the Gwangju District Court on May 18, 2016, and 4 years of suspended execution for a violation of the Road Traffic Act from the Gwangju District Court on August 4, 2003 to the Gwangju District Court on August 4, 2003.

【Criminal Facts】

On May 29, 2016, the Defendant, without obtaining a driver’s license at around 14:10 on May 29, 2016, driven a car under the influence of alcohol of approximately 0.194% of alcohol concentration from around 21 knho-gu, Goung-gun, Goak-gun, Goung-gun, Goung-gun to the lower Yan-gun, Goung-gun, Goung-gun, Goung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a driving under the influence of alcohol and the results of the crackdown on drinking driving;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached reports, such as a copy of the judgment);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the favorable circumstances; (b) the Defendant’s blood alcohol concentration is considerably high; and (c) the records of punishment for the same kind of crime are several times; and (d) there are three times the records of suspended execution; and (b) the Defendant again committed the instant crime while in absence during the trial due to the same kind of crime, and other unfavorable conditions for sentencing.