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(영문) 광주지방법원 2018.02.01 2017고단5448
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On January 29, 2015, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 29, 2016, the Defendant was sentenced to a suspended sentence of two years on October 6, 2017 by imprisonment with labor for the same crime, etc. at the same court, which became final and conclusive on January 6, 2017.

[2] On October 28, 2017, at around 18:50, the Defendant driven DBAVVV 125 Obaba while under the influence of alcohol 0.143% in blood alcohol while under the influence of alcohol, without obtaining a bicycle license from about 50km section from the front of the Defendant’s house in Young-gu, Nam-gu, Seoul, Seoul, to the front of the Gandong located in Gwangju Mine-dong to the front of the Gandong in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Photographss related to traffic accidents;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment is determined as ordered by comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the following circumstances and the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant has difficulties in maintaining his/her livelihood and needs to be treated as a branch of a disease.

The defendant has been punished for four times due to drinking, two times due to driving without a license, and two times due to driving without a license, and the result is that.

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