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(영문) 광주지방법원 2017.04.20 2016고단6016
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 30, 2006, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, on September 1, 2007, a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on March 29, 201, the Defendant was sentenced to a suspended sentence of three months for a crime of violating the Road Traffic Act at the Gwangju District Court.

On December 18, 2016, without a driver’s license of a motor vehicle, the Defendant driven DWz motor vehicle at approximately 700 meters from the road front of Samsung Electronic Services, located near Samsung Electronic Services, 158, the head of Gwangju Mine-ro, 158, to the end of the same water unit to the end of the water unit 63 meters away from the road front of the same water unit.

As a result, the Defendant driven a motor vehicle at least twice in the state of drinking again.

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 an inquiry letter, such as criminal history, and an investigation report (to be bound by the summary order, etc. of the same type of force);

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

(a) favorable conditions: The fact that the defendant reflects his fault; and

B. Unfavorable conditions: The fact that the Defendant was already punished five times due to drinking driving, the suspension of the execution in 2011 due to drinking driving, and the suspension of indictment in 2015, but did not know, again commit the instant crime without being aware of it, and the Defendant’s blood concentration in the instant case does not lower the amount of alcohol content.

(c)the age, sex, environment, and crime of the defendant;

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