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(영문) 광주지방법원 순천지원 2016.09.08 2016고단947
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. Around May 11, 2016, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) driving on the B-wing truck under the influence of alcohol for about 0.230% of alcohol without obtaining a driver’s license from the front side of the Gu board located in the Yyang-gu, Mineyang-si, Gwangjuyang-si to the front day of the same rith industry.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing cargo vehicle that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope added up with long-term sentences) are as follows: (a) on July 21, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, in the net support of the Gwangju District Court on July 21, 201; and (b) on the other hand, three times the records of the suspended sentence for

While recidivism is not committed during the probation period after being sentenced to suspended sentence, it is repeated after the expiration of the probation period.

In order to block the criminal defendant's repeated driving of drinking alcohol, the sentence of sentence is deemed inevitable.

Provided, That the punishment shall be determined as ordered in consideration of the family environment of the defendant.

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