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(영문) 광주지방법원 순천지원 2016.10.26 2016고단1644

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 January 26, 2007, the Defendant was sentenced to a suspended sentence of five-month imprisonment due to a violation of the Road Traffic Act in the Gwangju District Court’s net support on May 26, 2007. On July 27, 2012, the same court was sentenced to a suspended sentence of six-month imprisonment due to the same crime, etc. on July 27, 2012. On November 7, 2014, the same court was sentenced to a suspended sentence of six-month imprisonment due to the same crime, etc. and completed the execution of the sentence in the interest prison on May 7, 2015.

【Criminal Facts】

On August 23, 2016, at around 21:30, the Defendant driven a 124C Potomate, without a license for a motor vehicle mandatory insurance, while under the influence of alcohol with a 0.121% of 0.121% of the blood alcohol concentration from the front side of the middle west-si in the Southern-si of the Republic of Korea to the front side of the same west-do, the Defendant driven a 124C Potote, without a license for a motor vehicle mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Investigative report (in cases of vehicles driven by a suspect, referring to the vehicle);

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (three copies of judgment), and Acts and subordinate statutes on the status of confinement/taking by individuals;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is recognized as a crime and against the defendant, and the fact that it was caused by the operation of Otoba, etc. is favorable circumstances, or the defendant is punished for drinking or driving without a license.