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(영문) 광주지방법원 2018.03.13 2018고단37
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

On March 30, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (unlicensed driving) at the Gwangju District Court on March 30, 2017, and the judgment became final and conclusive on April 7, 2017.

In addition, on July 2, 2010, the defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking and unlicensed driving), and on June 30, 201, the defendant was sentenced to a suspended sentence of 4 months for the same crime in the same court, and violated Article 44(1) of the Road Traffic Act at least twice.

On December 11, 2017, the Defendant driven a Bco-car on a around 1k section from the south-gu Seoul metropolitan area to the Gdong-dong road located in the south-gu pressure village without obtaining a driver's license in the state of alcohol concentration of 0.089% among blood transfusions.

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. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: To refer to inquiries, such as criminal history, report on investigation (verification during the period of suspension of execution), text of judgment, and application of summary order Acts and subordinate statutes;

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 is already punished due to drinking or non-licensed driving, and the Defendant is determined.

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