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(영문) 광주지방법원 순천지원 2018.01.19 2017고단2464
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 6, 2007, the Defendant was issued a summary order of a fine of two million won due to a violation of road traffic law in the Gwangju District Court's net support on April 6, 2007. On May 28, 2008, the Defendant was issued a summary order of three million won due to a violation of road traffic law in the same court on May 28, 2008. On July 12, 2017, the Defendant was sentenced to two years of suspended sentence for six months of imprisonment due to a violation of road traffic law (drinking) by the same court on July 12, 2017. The judgment became final and conclusive on July 20,

[2] On October 1, 2017, the Defendant driven a F-wing truck with no mandatory insurance without obtaining a driver’s license from around 500 meters from the front of the Southern-gun D to the road after the Defendant’s residence in the area from around 01:45 to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant re-offending a short term during the period of suspension of execution of the same kind of crime; (b) on the other hand, the amount of alcohol content is not high; (c) the occurrence of an accident does not occur; (d) the Defendant’s age, sex, criminal conduct, family relationship, environment, circumstances and consequence of the crime; and (e) the circumstances shown in the instant argument, including the circumstances after the crime, etc., shall be comprehensively considered and determined as the sentence as ordered.

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