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(영문) 광주지방법원 목포지원 2018.07.19 2018고단307

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On December 24, 2008, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the wooden branch of the Gwangju District Court on December 24, 2008, and on May 20, 2016, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking) at least twice.

【Criminal fact-finding on April 7, 2018, the Defendant driven a B observer car without a driver’s license in the state of under the influence of alcohol content of about 0.107% from the 1km section to the front road of the GSP 197, as from the sk-si red in 84, which was 00:13 Sinpo City education.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Details of revocation of driver's license and the ledger of driver's license (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant, who had been punished several times due to drinking or unlicensed driving, once again commits the instant crime; and the circumstances favorable to the defendant, who committed the instant crime during the suspended execution period due to driving without a license, are likely to not commit the instant crime again while reflecting the error in depth;

The decision of sentence that has been sentenced: the punishment shown in the arguments of this case, such as the above circumstances and the age, sex, career, home environment, motive and means of the crime, and circumstances after the crime.