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(영문) 광주지방법원 순천지원 2018.05.24 2018고단936
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 24, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law in the Gwangju District Court's net support on December 24, 2015, and on February 15, 2017, the Defendant was sentenced to imprisonment for six months and two years of suspension of execution, and the judgment becomes final and conclusive on February 23, 2017, and is currently under suspension of execution.

[2] On April 1, 2018, the Defendant driven a C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “A-ri-ri-ri-ri-ri-ri-ri-ri-ri-si”)

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history, etc. of the same kind) statute;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the defendant was punished two times due to drinking without a license as stated in the previous criminal records, as stated in the judgment of this case, as well as driving without a license, and this is also 2. Thus, the defendant is highly likely to repeat a crime without a license. The defendant is under the suspension of the execution of imprisonment with labor due to drinking or without a license.

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