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(영문) 광주지방법원 순천지원 2017.11.09 2017고단1202
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law in the Gwangju District Court's net support on November 23, 2016, and the said judgment became final and conclusive on October 18, 2017.

On May 25, 201, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on May 25, 201, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on December 28, 2015.

Nevertheless, on May 21, 2017, the Defendant driven Cystren motor vehicle under the influence of alcohol content of about 0.071% while under the influence of alcohol content at around 0.071%, from the front day of the cleaning aggregate 6-day cleaning road to the lower day of the Haart shop located in the same city cleaning 6-meter.

Accordingly, the defendant, who has a driving force under drinking more than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same type of force, etc.), summary order and text of judgment, and application of Acts and subordinate statutes as a result of case search;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity, even though the defendant was sentenced to a suspended sentence due to drinking driving by this court, he was subject to a two-time control due to driving without a license and received each summary order, and also committed the instant crime. In order to prevent the defendant from repeating drinking and driving without a license, a sentence of punishment is deemed inevitable.

However, the sentencing conditions, such as the defendant's age, career, and family environment, have become final and conclusive.

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