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(영문) 광주지방법원 2018.07.17 2018고단1765
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court, and on February 7, 2014, issued a summary order of KRW 7 million for the same crime, etc. at the same court.

On May 2, 2018, around 18:20, the Defendant driven a gallon car with two gallon that was not covered by mandatory insurance without obtaining a driver's license from approximately 300 meters away from the section of approximately 165-ro, 165-ro, 165, to the 14-way, Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of a written inquiry, text of judgment, and summary order, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

B. Unfavorable conditions: The Defendant had been punished several times including the previous conviction in the judgment with drinking or non-licensed driving, and the Defendant was sentenced to a punishment by drinking or non-licensed driving in 201, resulting in the injury of occupational negligence by driving without a license, and was sentenced to the escape, etc., and the Defendant again committed the instant crime without being aware of, and in this case, the Defendant again committed the instant crime without a license.

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