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(영문) 광주지방법원 2017.02.09 2016고단4278
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 11, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on March 21, 2014, a fine of KRW 2.5 million for the same crime at the same court on March 21, 2014, and the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the same court on June 4, 2015, and was sentenced to a suspended sentence of imprisonment for six months for the same crime at the same court on June 12, 2015.

[2] On July 27, 2015, the Defendant driven a DNA window-car on the first apartment road located in the monthly dong of Gwangju Mine-gu in the state of alcohol concentration of 0.091% without a vehicle driver’s license from July 27, 2015 to the roads of Samsung Digital Flap, located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history and text of judgment;

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 sentence of a sentence is inevitable in light of the unfavorable circumstances, such as the fact that the person committed the instant crime without being aware of the fact that he/she was sentenced to several times of drinking driving, as stated in the reasoning of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that he/she committed the instant crime without being aware of the fact that he/she was under probation period.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident shall be considered as favorable circumstances.

In addition, the sentencing criteria shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, sex, environment, circumstances after the crime, and circumstances after the crime.

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