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(영문) 광주지방법원 해남지원 2017.11.16 2017고단364

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 11, 2007, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. on November 23, 2007 by the Gwangju District Court, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Gwangju District Court on November 23, 2007, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Southern Branch of the Gwangju District Court on September 15, 2009.

[2] Although Defendant 1 had been punished for violating the Road Traffic Act (driving) more than twice as seen above, Defendant 2 driven Bone Starsch in the section of about 8 km from the front of the Song-gun Scambrop bath in the south Sea, which is located in the Song-gun, Nam-gun, in a state of under the influence of alcohol of 0.231% at around 19:57 on July 25, 2017 without a motor vehicle driver’s license, and operated Bone Starsch in the section of about 8 km from the front of the Song-gun, west-gun, Parih to the mountain distance located in the Songsan-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, details of crackdown, and inquiry about the results of crackdown on the driving of drinking;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report (the register, etc. of driver's licenses of motor vehicles);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (limited to drinking or non-licensed power for the last ten years), and a copy of a summary order;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant committed the instant crime without being able to commit the instant crime, even though 4 times due to drinking driving and 5 times due to non-licenseed driving, even though she had the record of punishment.

In addition, the amount of alcohol concentration of the defendant's blood at the time of drinking is not lower.

. The above.