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(영문) 광주지방법원 2018.10.11 2018고단2625
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 29, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking and unlicensed driving) at the Gwangju District Court, and on November 9, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for a crime of violating the Road Traffic Act (drinking) in the same court on October, 2017, and the judgment became final and conclusive on November 17, 2017.

On April 20, 2018, the Defendant driven CM3 motor vehicles under the influence of alcohol content of 0.186% while under the influence of alcohol without obtaining a driver's license from approximately 350 meters from the alley to the same Myeon-ro 187-1, Myeon-ro, 187-1, Myeon-ro, Myeon-ro, 180.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Reasons for sentencing selective sentence of imprisonment with prison labor;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable condition: A large number of punishment records, the defendant was punished seven times before the instant case, and the defendant again committed the instant crime without being aware of it even though he was under suspension of the execution due to drinking driving, as seen in the holding, and the blood alcohol concentration was very high, and the escape was committed.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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