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(영문) 광주지방법원 2018.10.11 2018고단2906
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 30, 2010, the Defendant was issued a summary order of a fine of KRW 3.5 million for a violation of road traffic law at the Gwangju District Court on July 30, 201, a fine of KRW 4 million for the same crime at the same court on March 6, 2014, and a fine of KRW 7 million for the same crime at the same court on May 19, 2015, respectively.

On June 23, 2018, the Defendant driven a B-wing and 3 freight vehicle at a section of about 2 km from the Do in front of the Gero-gu in Gwangju, to the 12-way road of about 93 km from the Do in front of the Gero-gu in Gwangju, without obtaining a driver's license for a motor vehicle on June 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. 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 condition: The Defendant was punished six times by drinking, driving without a license, including the previous conviction in the judgment prior to the instant case; caused a traffic accident during drinking in 2010 and 2015; caused a traffic accident during driving without a license in 2016; on July 20, 2017, this court was sentenced to a suspended sentence of one year for a period of four months on the grounds of a violation of the Road Traffic Act (unlicensed Driving) and committed the instant crime on July 20, 2017, which became final and conclusive on the 28th of the same month without being aware of during the suspended sentence.

C. The Defendant’s age, sex, environment, and other factors of sentencing specified in Article 51 of the Criminal Act, which are revealed in the records of the instant case.

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