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(영문) 광주지방법원 해남지원 2016.03.17 2016고단23
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2014, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Southern Branch of the Gwangju District Court on March 19, 201, and the probation period becomes final and conclusive on March 27, 2014.

On December 21, 2015, the Defendant, without a driver’s license, driven a Dsan-do-type mar at approximately 150 meters away from the south-do-Eup parking lot located in the south-dong of Jindo-gun, Jindo-do-gun with a alcohol content of 0.130%, while under the influence of alcohol at around 22:18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, the situation report on the driver of drinking, and the register of driver's licenses;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment report of the same kind of force as the suspect is attached to the judgment of the suspect, period of suspension of execution), one copy of search output of Kwikset case, and application of the sentence

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;

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

1. The Defendant committed the instant crime without being aware of the fact that he/she had been subject to punishment several times due to drinking or unlicensed driving, even though he/she was under suspension of the execution of the same kind of crime.

Pronouncement of sentence is inevitable.

However, in determining the specific sentence, all the factors of sentencing revealed in the trial process of this case, such as the defendant's reflection, driving distance is not long, and the age, environment, family relationship, and circumstances after the crime, should be considered.

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