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(영문) 광주지방법원 2016.07.14 2016고단1428
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2] On August 17, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Gwangju District Court, and was sentenced to a suspended sentence of 2 million won for a crime of violating the Road Traffic Act at the Gwangju District Court on June 26, 2009, and was sentenced to a fine of 5 million won for a crime of violating the Road Traffic Act at the Eup branch of the Jeonju District Court on October 27, 2014. On October 27, 2015, the Defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act at the Jeonju District Court Full Branch Branch of the Seoul District Court on October 27, 2015, and was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act at the Eup branch of the Jeonju District Court on October 4, 2015, which became final and conclusive on November 4, 2015.

[2] On March 26, 2016, the Defendant driven Cribe, without a driver’s license, cargo vehicles with approximately 3km alcohol concentration of 0.096% from the 3km section to the finial road located in the same Eup/Myeon, from the cafeteria of the “Tho GGGGGR YY YY YY YY YYY YYYY YYYYY YYYYYYY YYYYYYYYY YYYYYYYYYYY YYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and copy of 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the person committed the instant crime without being aware of the fact that he/she had been sentenced several times of punishment due to driving under drinking for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, and that he/she committed the instant crime without being aware of the fact that he/she was under suspension of execution

In addition, this case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.

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