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(영문) 광주지방법원 2016.01.21 2015고단4984

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 24, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a fine of KRW 700,000 for the same crime in the Southern Branch of the Gwangju District Court on February 23, 2010. On September 25, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Gwangju District Court.

[2] On November 18, 2015, the Defendant, while under the influence of alcohol of 0.127% in blood without obtaining a driver’s license of a motor vehicle on November 18, 2015, driven a DNA strawing car at approximately 70 meters from the 70-meter section of Samsung Digital Flaz, which is located in the same way from the front of the public water restaurant to the front of the high-tech point of Samsung Digital Flaz.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has a record of being sentenced several times to a violation of the Road Traffic Act (drinking), and in particular, on September 25, 2014, the Gwangju District Court sentenced the instant crime to six months of a suspended sentence of two years on October 3, 2014, which became final and conclusive on October 3, 2014, and committed the instant crime without being aware of the fact that the said judgment became final and conclusive and conclusive during the suspended sentence.

In blood, alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.