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(영문) 광주지방법원 순천지원 2016.07.06 2016고단210
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 November 21, 2014, the Defendant was sentenced to one year to imprisonment for a violation of road traffic law in the Gwangju District Court's net support, etc., and completed the execution of the sentence on July 8, 2015. On October 14, 2009, the Defendant was sentenced to two years of suspended sentence for ten months due to a violation of road traffic law in the Gwangju District Court's net support, etc. On June 16, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a fine of KRW 2.5 million due to a violation of road traffic law in the Gwangju District Court's net support, and on September 13, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of road traffic law.

[2] On February 6, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on February 6, 2016, driven B Poter in the state of alcohol alcohol concentration of about 0.07% from a section of about 200 meters to the front road of the GS convenience store located in the summer-dong in the summer-si in the summer-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification and acceptance status, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44-2 (1) of the Traffic Act of the same Act concerning facts constituting an offense, and Articles 152-1 and 43 of the Road Traffic Act (non-licensed driving)

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 Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant is led to confession and reflect, and the operational section is relatively short, etc.

However, even though the defendant was sentenced to a fine by driving without a license during the period of repeated crime, he again committed the same crime, continuously committed the same vehicle, and the record of drinking and non-licenseing up to eight times.

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