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(영문) 광주지방법원 순천지원 2017.07.12 2017고단847
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 25, 2011, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a crime of violating road traffic law in the pure support of the Gwangju District Court, and on December 28, 2015, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a crime of violating road traffic law in the same court on December 28, 2015.

Despite the fact that the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking) on April 12, 201, the Defendant driven a C Poter truck without a driver’s license in the state of alcohol 0.141% of alcohol content in the 5km section from the front of the “fluorial ditch” line in the document around 00:01 on April 12, 2017 to the front of the “fluoring” line in the same City Ordinance.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written 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 (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The punishment shall be determined as ordered in light of the following circumstances in the grounds for sentencing of alternative sentence of imprisonment, and other various sentencing conditions, such as Defendant’s age, family environment, alcohol concentration in the Defendant’s blood at the time of the instant crime, drinking alcohol, and distance from driving without a license.

The favorable circumstances: The defendant recognized the crime of this case and reflects it: The fact that there are many criminal records due to drinking or driving without a license of the defendant (limited to the previous records that can be clearly confirmed, but there are only 11 times the previous records that have been punished more than the suspended execution, and the defendant is under the suspended execution and protection observation period due to the crime of violation of the Road Traffic Act.

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