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(영문) 광주지방법원 순천지원 2016.12.02 2016고단2309

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 23, 2005, the defendant was sentenced to a summary order of 1.5 million won for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on August 23, 2005, and was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act on June 11, 2008, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on June 11, 2008, two times for a violation of the Road Traffic Act (driving). On October 26, 2016, the defendant filed an appeal of 2 years for a suspended sentence of 10 months for a violation of the Road Traffic Act from the Gwangju District Court's

【Criminal Facts】

On July 17, 2016, at around 20:50, the Defendant, without obtaining a driver’s license under the influence of alcohol level of 0.1524%, was driving B rocketing car from approximately 700 meters from the Gju-gun’s parking lot near the Gju-gun F, to the Northwest-ro 29 of the same Eup/Myeon, from the Gju-gun’s parking lot near the Gju-gun’s Gju-gun, to the front road of the Samju apartment.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Report on the result of crackdown on drinking driving and on the situation of driving under the influence of alcohol;

1. Registers of driver's licenses;

1. The photograph of one disease of a dice who has drank after driving;

1. Each report on investigation;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (verification of the same type of force, reports attached to judgments, etc.);

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. The reason for sentencing selective sentence of imprisonment with prison labor is favorable to the fact that the defendant recognized the crime and reflected in the crime, and the driving distance is not long.

However, the defendant has several criminal records and has two times of suspended execution.