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(영문) 광주지방법원 2019.05.09 2019고단721

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 August 14, 2006, the Defendant issued a summary order of KRW 1,50,000 by the Gwangju District Court for a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and on January 27, 2012, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving), and on January 25, 2018, the same court was sentenced to a suspended sentence of KRW 2 years due to a violation of the Road Traffic Act (driving) and on February 2, 2018, and is still under the grace period as of January 2, 2018.

【Criminal Facts】

On January 17, 2019, at around 21:37, the Defendant driven a car with a 150-meter fat-fat-fat-off rate from the front side of the road located in Gwangju Mine District B to the front road located in D in the same Gu, while under the influence of alcohol content of 0.108% without a driver’s license.

Accordingly, the Defendant, who violated the regulations on prohibition of drunk driving without driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports, and Acts and subordinate statutes;

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 not only the criminal records as stated in the judgment of the Defendant, but also the crime of drinking without a license, in light of the fact that the Defendant committed the crime of drinking without a license, since one year has passed since the suspended sentence of imprisonment became final and conclusive, a sentence of imprisonment is sentenced. However, the motive and background of the crime in this case, circumstances after the crime, family relationship, health status of the Defendant, possibility of recidivism, etc.