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(영문) 광주지방법원 2018.07.17 2018고단1692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, etc. at the Gwangju District Court, and on June 30, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, etc. at the same court on June 30, 2016 and completed the execution of the sentence at Gwangju District Court on December 27, 2016.

On April 11, 2018, the Defendant, while under the influence of alcohol 0.068% with no engine device bicycle driver’s license, driven CCA 110 Obs in a section of about 1 km from the front of the Southern-gun, the Southern-gun, the 19-day Southern-gun, the Southern-gun, the Southern-gun, the Southern-gun, the 152-lane of alcohol in front of the said Eup, to the front of the parking lot located at the 152-lane of the said Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: the Defendant was punished by a majority due to drinking or non-licensed driving before the instant case, and committed the instant crime without being aware of the fact that he/she was committed in the same crime even though he/she was under repeated crime.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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