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Reasons
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(영문) 광주지방법원 2018.04.10 2018고단274
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 16, 2010, the Defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act at the Suwon District Court on September 22, 2016, and completed the execution of the sentence at the Net Prison on March 22, 2017.

On November 25, 2017, the Defendant, without obtaining a driver's license for a motor vehicle, driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Investigation report;

1. Electronic data, such as carving, etc.;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (verification of such type of force and repeated period);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The one that caused traffic accidents while driving a drinking or non-licensed driving, drinking, or non-licensed driving, has many records of punishment, and is not well aware of even during the period of repeated crime.

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