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(영문) 광주지방법원 2017.05.11 2017고단1252
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 28, 2008, the Defendant was sentenced to imprisonment with prison labor for 4 months and 200,000 won and fine for violation of Road Traffic Act at the Gwangju District Court on May 201, 208, and on November 30, 2015, the Defendant was sentenced to imprisonment with prison labor for 4 months and 200,000 won and completed the execution of the sentence at the Gwangju District Court on November 30, 2015.

Criminal facts

On December 26, 2016, around 17:41, the Defendant driven a gallon car in a state of 0.108% alcohol concentration in blood without a driver’s license, while driving a gallon car in the direction of “D” on the front side of “D” operated by the Defendant in Naju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Evidence and photographs of the traffic accident;

1. Investigation report (report attached to suspect A driver's license inquiry register);

1. The point of previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (report on the previous convictions for repeated crimes and the current status of confinement of individuals, report on the same criminal records, judgment and summary order attached thereto);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment is that the defendant has been punished for drinking alcohol and driving without a license on several occasions, and even though the record of the sentence has been two times or more, the crime of this case is very good in light of the fact that the defendant committed the crime of this case at the same time during the period of repeated crime.

However, it is advantageous to the fact that the defendant reflects.

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