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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2630

도로교통법위반(음주운전)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2016, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court and the Gwangju District Court rendered a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on July 17, 2017.

1. On November 11, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven a vehicle from approximately 13 km to B AW-pp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the Defendant driven an automobile without obtaining a driver's license.

2. On November 11, 2017, the Defendant, while under the influence of alcohol at around 23:10, the Defendant driven a vehicle of hurfed from the home parking lot where a mutually influorous so-called 0.167% of the alcohol level in light of the road traffic law, in a manner of under the influence of alcohol at around 0.167%, at around 3 km from the house parking lot to the road construction site where a high-burged vehicle in light of the foregoing paragraph is located in the Espheric yellow-dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Correspondence to a request for appraisal, a written appraisal of alcohol during blood, and a report on the detection of the driver involved;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

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 (unlicensed Driving)

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