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(영문) 광주지방법원 2016.11.24 2016고단4179
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On April 24, 2009, the Defendant issued a summary order of 1.5 million won for a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 30, 201 and a fine of 4 million won for a violation of the Road Traffic Act (driving) at the same court on March 30, 201, and on August 12, 201, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 20, 2016, at around 22:27, the Defendant driven a BN-si car without obtaining a driver’s license from a section of approximately 8 meters in front of the BY to the lower end of the U.S. in the same Dong from the street room in the U.S., Gwangju Mine-gu to the U.S., and without obtaining a driver’s license, while under the influence of alcohol of 0.160% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is for discretionary mitigation and sentence, and there is a career of being sentenced to a suspended sentence of two years in June 2014 and sentenced to a suspended sentence of two years in several times.

Blood alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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