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(영문) 광주지방법원 순천지원 2017.09.21 2017고단1089

도로교통법위반(음주운전)등

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

1. On May 25, 2017, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (Drinking) and the traffic law (Drinking without a license) on November 12, 2010, on November 12, 2010, the Defendant issued a summary order of KRW 4 million by the same court on March 8, 2016 due to a violation of the Road Traffic Act (Drinking).

On May 25, 2017, the Defendant driven a B rocketing vehicle while under the influence of alcohol content of 0.128%, without obtaining a driver’s license in a section of approximately 500 meters from the front of the fisheries market to the long distance of 00 meters from the back of the fishery market, due to the scambling of 01:20 on May 25, 201.

As a result, the Defendant, who had a driving record of drinking more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

2. On August 3, 2017, the Defendant driven B rocketing vehicles at the section of about 300 meters from the front of the “D” in the 11:00 on August 3, 2017 to the front of the “debrising support” located in the same hour, without a driver’s license, around August 3, 2017.

Accordingly, the Defendant driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the same kind of force), and copies of summary orders;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Act is the observation of protection and the order to provide community service and attend lectures.