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(영문) 광주지방법원 2019.08.29 2019고단1925

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 1, 2010, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court on the grounds of a violation of the Road Traffic Act, and on February 6, 2015, the Defendant issued a summary order of KRW 3 million at the 12th General Military Court of the Army at the 12th General Military Court of the Army on February 6, 2015, and on January 23, 2018, the Defendant was sentenced to imprisonment of KRW 6 months for a violation of the Road Traffic Act (driving) at the Gwangju District Court at the Gwangju District Court on January 23, 2018, and was sentenced to two years of suspended execution, and the judgment becomes final and conclusive on January 31, 2018

【Criminal Facts】

The defendant is a person who drives a B E-car.

At around 00:40 on April 12, 2019, the Defendant, without a driver’s license, driven the said vehicle at approximately 2 km from the front of the D cafeteria located in Gwangju Mine-gu, to the front of the F funeral hall located in the same Gu E, while under the influence of alcohol by at least 0.13% of alcohol level.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Registers of driver's licenses;

1. Previous record of judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to confirmation of the same kind of force), request for cooperation in investigation (request for sending a written judgment), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. A strict punishment is required for repeated drinking-driving crimes in light of the reason for sentencing a sentence of selective imprisonment with prison labor and the social risk of drinking-driving crimes.

However, the Defendant was punished three times prior to the instant crime, such as the record of the record of the crime.