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(영문) 광주지방법원 순천지원 2017.11.30 2017고단2342
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 13, 2017, the Defendant filed an application for a formal trial with the same court on July 12, 2017, for a summary order of KRW 5 million on the grounds of a violation of road traffic law (drinking driving), etc., and filed a request for a formal trial by the same court on July 12, 2017, and was sentenced to a fine of KRW 5 million on November 1, 2017 by the same court.

On October 10, 2017, at around 21:30, the Defendant driven a car with Cchip XG car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.203% from around 1.5km to the road in front of the 3rd head-ro, the head-ro, the head-ro, the head of which is the 57km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on summary order, such as the same criminal suspect's records);

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;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small volume is very short-term (one year between the case and one year) of the Defendant, and in particular, he/she is very liable for the case where he/she drives without a license or drinking while continuing a trial on a crime of violating the Road Traffic Act (driving).

In addition, the drinking volume of this case is also very high.

However, in consideration of the fact that the defendant has no criminal history of imprisonment without prison labor or heavier punishment, punishment shall be determined.

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