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(영문) 광주지방법원 2017.12.19 2017고단185
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

The defendant of "2017 Highest 185" was sentenced by the Gwangju District Court to imprisonment for six months with labor for a violation of the Road Traffic Act and two years of suspended execution for six months, and on August 16, 2013, two years of suspended execution for six months, respectively.

On December 28, 2016, the Defendant was under the influence of alcohol content of 0.120% during blood transfusions on December 23:15, 2016, and the Defendant was driving C, from the Seocheon-dong Village in Seocheon-gu to the front road of the election management committee in the Dong-gu in Gwangju-gu, Seocheon-gu to the election management committee in the Dong-gu.

Around 13:42 on August 4, 2017, the Defendant driven a vehicle of 111, North-gu, Gwangju, North-gu, Gwangju, 111, and from the middle school to the front of the culture, 85-gil 62, and 1.8km at the section of 1.8km to the front of the entrance of the horse market.

Summary of Evidence

"2017 Highest 185"

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment of the sentence of judgment), 2017, 3670;

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to photographs at the detection site;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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. 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 twice due to drinking or non-licensed driving before the instant case, and the Defendant was also subject to a suspended sentence twice as indicated in the judgment, and the Defendant was indicted by driving under drinking on December 28, 2016 and was tried.

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