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(영문) 광주지방법원 2018.05.24 2017고단5737
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to seven months of imprisonment by the Gwangju District Court on April 20, 2017 due to injury, interference with the performance of official duties, violation of the Road Traffic Act (refluence of drinking), and violation of the Road Traffic Act (unlicensed driving) and completed the execution of the sentence in the Ganpo Prison on September 5, 2017.

On November 6, 2017, at around 21:30, the Defendant driven CA car at a section of about 20km to the front road of the same military road in front of the non-exclusive restaurant in the name of Young-gun, Young-gun, Nam-gun without a driver’s license, while under the influence of alcohol by 0.110% during blood.

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 Acts and subordinate statutes concerning the current status of confinement by sentence and individual;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: The Defendant was punished three times prior to the instant case due to drinking, non-licensed driving, or refusal to measure drinking; the Defendant committed the instant crime again in the second month of release without being aware of the fact that he had been convicted of having committed a repeated crime even though he was during the period of repeated crime, and the blood alcohol concentration was high, etc.

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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