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(영문) 광주지방법원 순천지원 2013.05.30 2013고단126
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 10, 2010, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and two years of a suspended sentence, and on November 24, 2010 during the grace period, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the pure Branch of the Gwangju District Court on November 24, 201, and the said judgment became final and conclusive on December 2 of the same year, and the said suspended sentence was invalidated, and on July 29, 2011, the period of parole was expired on August 20, 201.

Criminal facts

On January 20, 2013, at around 22:50, the Defendant, without a driver’s license, driven a CEF rocketing car owned by the Defendant, which was not covered by mandatory insurance on the two km section from the front post office of a seafarer who was in the influent seafarer’s Dong, to the modern Taekwondo Road in the same Dong, while under the influence of alcohol content of 0.17% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of the expiration date of the suspect's sentence execution);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, there are several criminal records of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, as well as the criminal records of the crime committed in only one year and six months after having been sentenced to imprisonment and released from the prison due to driving without a license or driving without a license, and the crime committed again in order to avoid the crackdown on drinking, and the crime committed during flight to avoid traffic accidents.

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