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(영문) 광주지방법원 2016.09.29 2016고단3131
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On July 9, 2007, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court on July 30, 201, and a fine of KRW 2,50,000 for the same crime at the same court on July 30, 201, and on September 22, 2015, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for the same crime in the same court on September 1, 205, and the said judgment has been

[2] On June 18, 2016, around 22:10, the Defendant driven CK5 car under the influence of alcohol concentration of about 0.067% without obtaining a driver’s license from around 3km section from the front of the cafeteria cafeteria which overlaps with the trade name in the valleydong of Gwangju Mine-gu to the front of the post office located in No. 273-ro 7 of 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 conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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 sentence of a sentence is inevitable in light of the extenuating circumstances, such as the fact that the person committed the instant crime without being aware of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that he/she committed the instant crime without being aware of the fact that he/she committed the crime in the period of suspension of execution.

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, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, circumstances after the crime, and circumstances after the crime, the punishment shall be determined as ordered (the sentencing guidelines have not been set).

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