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(영문) 광주지방법원 2018.06.05 2018고단1339

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On February 1, 2008, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law at the Gwangju District Court on May 9, 2008. On May 9, 2008, the Defendant was sentenced to a suspended sentence of five months for the same crime, etc. at the same court on May 9, 2008. On November 30, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime, etc. at the same court on November 30, 2017, and the judgment became final and conclusive on December

On March 25, 2018, at around 21:24, the Defendant driven a Cran-car under the influence of alcohol concentration of about 0.088% while under the influence of alcohol leveling from around 700 meters to the front of the apartment site located in Seo-gu, Gwangju, Seo-gu, Gwangju, without obtaining a vehicle driver's license in approximately 55 meters away from the front of the Gan apartment site located in Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (the same type of judgment, etc.), reports on previous convictions and results of confirmation, and the application of Acts and subordinate statutes;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished five times due to drinking or non-licensed driving before the instant case; and the Defendant again committed the instant crime without being aware of it during the suspension period due to drinking driving, as seen in the previous record of the judgment, without being aware of it.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.