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(영문) 광주지방법원 2017.12.12 2017고단4563
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Road Traffic Act (non-licensed driving) at the Gwangju District Court on November 16, 201, and the decision was finalized on November 24, 2016.

On December 26, 2012, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on December 26, 2012, and on September 17, 2015, issued a summary order of two million won for the same crime at the Gwangju District Court on September 17, 2015.

On September 21, 2017, the Defendant: (a) without obtaining a driver’s license in the state of alcohol concentration of 0.053% during blood transfusions; (b) and (c) operated a car in approximately 2 km section from the nearby road of the C-La Apartment apartment in Seo-gu, Seo-gu, Seo-gu, Gwangju to the coefficient death distance, according to the same dust.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. Previous convictions: Application of a written inquiry, text of judgment, and summary order, such as criminal history;

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 condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished twice due to drinking driving before the instant case; and the Defendant committed the instant crime without being aware of it during the suspension period due to driving without a license, as seen in the holding.

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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