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(영문) 광주지방법원 순천지원 2017.09.28 2017고단600
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 20, 2012, the Defendant has been sentenced to a fine of KRW 2.5 million for a crime of violating road traffic laws in the Gwangju District Court's net support on April 20, 2012, as well as a crime of violating road traffic laws. On December 30, 2013, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic laws.

Nevertheless, on March 4, 2017, without a driver's license for a bicycle, the Defendant driven a bicycle in the area of about 1 km from the front side of the second bewing Village at the second bend in the city of drinking water to the 205 front side in the area of the same hyke (205 km).

2. The Defendant violated the Guarantee of Automobile Compensation Act, without purchasing mandatory insurance at the above date and place, operated an unregistered motor bicycle (125C).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Stobane photographs;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment to the same type of judgment), and application of the two-yearly statutes of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and 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. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s twice a fine for driving under the influence of alcohol, he/she again driven a second alcohol, and in particular, even though he/she was subject to a suspended sentence, it is inevitable to choose a sentence of imprisonment because he/she committed the instant crime during the suspended sentence period.

B. A suspended sentence may not be imposed as it is under the current suspended sentence.

However, the age, environment, driving of the accused is the only part, etc.

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