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(영문) 광주지방법원 2016.03.17 2016고단170

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 26, 2015, the Defendant driven B cruise car from approximately 500 meters to the front road of the “Yeungdo cafeteria” located in the Geumdong-dong-gu, Gwangju to the same Gu, in a state of drinking of 0.142% of alcohol content during blood without obtaining a driver’s license, from around 22:43 on December 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The degree of alcohol concentration among the reasons for sentencing Articles 53 and 55(1)3 of the Criminal Act is high.

There is a record of being punished for a fine due to drinking driving in 2010.

On December 11, 2014, the Gwangju District Court sentenced imprisonment for six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitives) at the Gwangju District Court, which became final and conclusive on December 19, 2014 and became final and conclusive on December 19, 2014, committed the instant crime without being aware of the fact during the suspension period, and in particular, was under suspension of execution and was subject to a fine as a result of driving without a license on August 27, 2015.

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

However, the fact that the defendant is in depth against the defendant, the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

In addition, the punishment shall be determined as ordered by comprehensively taking into account 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.