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(영문) 광주지방법원 순천지원 2016.07.06 2016고단281

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 25, 2013, the Defendant was notified of a summary order of a fine of three million won for a crime of violating road traffic law in the Gwangju District Court's net support on March 25, 2013, and on June 18, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law (drinking) and was sentenced to a suspended sentence of two years for a violation of road traffic law at the same court on June 18, 2014, and at least eight persons of the same kind

[2] On December 22, 2015, the Defendant driven C Coin truck under the influence of alcohol content of about 500 meters in the blood alcohol concentration of about 0.112% without a driver’s license for a motor vehicle with approximately 500 meters in front of the Seowon Construction in Seowon-dong, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime 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. A favorable circumstance is that the Defendant, with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity, confessions and reflects, and supports his/her family.

However, considering the fact that the Defendant committed the instant crime without being aware of the fact that he committed the instant crime even though he was under suspension of execution for the same crime, and even after the year 2000, there was five drinking driving, one-time driving without a license, one-time punishment for refusing to measure alcohol, and the fact that alcohol concentration in the blood is high, a sentence is required to be sentenced because the risk of recidivism is high.

In addition, the sentencing conditions shown in the records, such as the defendant's age, sex, and circumstances after the crime, shall be determined as per the disposition.