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(영문) 광주지방법원 2018.08.09 2018고단2504
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 22, 2007, 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 July 19, 2007, sentenced to six months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on February 11, 2010, sentenced to four months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on September 25, 2013. On October 15, 2015, the Defendant was sentenced to eight months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on September 25, 2013, and was sentenced to one year by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on August 24, 2016.

On December 23, 2017, under the influence of alcohol level of 0.134% in blood without a driver's license, the Defendant driven from the Do in front of the pipe restaurant located in the gambing-dong of Gwangju Mine-gu to the road located in the northwest-gu of Gwangju Mine-gu, the Defendant driven the 10km volume C-wing and C-III cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs of a drinkator;

1. The driver's license ledger;

1. Previous convictions in judgment: The results of inquiry, each summary order and judgment, and the application of Acts and subordinate statutes concerning personal confinement;

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. The fact that Article 35 of the Criminal Code of Aggravation of Aggravation of Cumulative Offense is very same for the reason of sentencing, and even though it is a repeated offense period, it is judged that the defendant is highly likely to repeat the crime of this case by committing the crime of this case. On the other hand, the defendant's mistake is recognized, the damage caused by traffic accidents, etc. does not occur, and the degree of alcohol concentration, driving distance, etc. in blood.

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