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(영문) 광주지방법원 목포지원 2017.07.07 2017고단585
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), etc. at the wooden branch of the Gwangju District Court on June 21, 2013, and on August 5, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving) by the said court.

On May 2, 2017, at around 20:40, the Defendant driven a passenger car with B low alcohol content at approximately 0.162%, without a driver’s license, from the restaurant’s front to the front road located in the Yanan-gun, Military, and Muan-gun, Military, and the front road located in the Yan-gun, Military, and Muan-gun, Military, and Military.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to inquiries, such as notification of the results of drinking control, the ledger of driver's license, criminal history, etc. (A), judgment, and summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the favorable circumstances, such as the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity shows the light that the Defendant recognized and reflected the instant crime, all of the criminal records of the Defendant are related to the crime of drinking or unlicensed driving, the Defendant again committed the instant crime even if he was sentenced to a suspended sentence of imprisonment for the same kind of crime, and the alcohol concentration in the blood at the time of the said crime is considerably significant.

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