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(영문) 광주지방법원 해남지원 2017.02.09 2016고단516
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 11, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju District, and was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act on January 7, 2016, and was sentenced to a fine of KRW 8 months for a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju District on July 28, 2016, and was sentenced to five times the same power as well as the completion of the execution

On August 25, 2016, the Defendant, while under the influence of alcohol of 0.062% during blood transfusions around 20:40, driven a Cunch-free car at approximately 10.3km from the 135-2 km in the front of the Gannam-gun, the Dogsan-do Dog Dogsan-do Dog, the Dogsan-do Dog, located in 135-12, in front of the same Gunggg-gu Doggpo-ro, the Defendant driven a cunch-free car at approximately 10.3km

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, report on investigation (report attached to the judgments, etc. of the same kind of criminal suspect, confirmation of the period of repeated crime, and report attached to the same military record), application of one copy of personal confinement status, and one copy of the rulings;

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 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities, repeats the driving of drinking or non-licensed driving without any particular awareness of a crime.

In particular, considering the fact that the defendant committed the crime of this case during the period of repeated crime and the distance of driving without a license for drinking is not shorter than the minimum, the sentence of imprisonment is inevitable.

In determining a specific sentence, the age, sex, environment of the defendant;

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