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(영문) 광주지방법원 목포지원 2017.01.26 2016고단1465
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 18, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court on March 18, 2008, and was sentenced to a suspended sentence of two years for six months on June 27, 2014.

1. On June 13, 2016, the Defendant: (a) while under the influence of alcohol at least 0.229% of alcohol while driving two times a motor vehicle without obtaining a driver’s license, the Defendant driven the E-Poter vehicle at approximately 200 meters from the 200-meter section to the front road in front of the construction site of the D-Uan Military Road located in C adjacent to the area of the D-Uan Military Road, while under the influence of alcohol at least two times.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the E-wit truck, which did not purchase mandatory insurance until before the construction site of the D-U.S. road located in C in the area of the D-U.S. road located in the area of the D-U.S. road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who engages in drinking, notification of the results of crackdown on drinking driving, report on traffic accidents, inquiry into the main office, register of driver's licenses, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history, report on investigation (the previous judgment and attachment of summary order) by Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1), and Article 43 (the point of driving without a license) of the Traffic Act applicable to the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance) of the same Act;

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. It is advantageous to the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment reflects the defendant's mistake.

However, in addition to the previous conviction, the defendant has been punished several times due to drinking, violation of road traffic law, etc.

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