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(영문) 광주지방법원 순천지원 2019.10.17 2019고단1259

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 18, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on August 1, 2008, by the same court on August 1, 2008, to a summary order of KRW 1 million as a crime of violating the Road Traffic Act. On February 4, 2015, the same court was sentenced to imprisonment for 6 months or 2 years of suspension of execution.

around 21:35 on May 30, 2019, the Defendant driven a Friner cargo under the influence of alcohol content of about 0.118% at a section of about 500 meters, from May 30, 2019 to the road located in the same city as “C”, “E cafeteria”, and “E cafeteria.”

On August 7, 2019, at around 19:06, the Defendant driven a Fllepophophophophophophon truck with a blood alcohol concentration of about 0.039% under the influence of alcohol without obtaining a driver’s license in the section of about 1km from the front of a mutually influent restaurant in Ma to the southwest-ro river in the docheon City.

Summary of Evidence

"2019 Highest 1259"

1. Defendant's legal statement;

1. Report on the circumstantial statement of a host driver: "2019 high-class 2217";

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. "Prior convictions related to drinking on the market" in the register of driver's licenses;

1. Each inquiry report;

1. [Attachment 2019 Highest 2217] Investigation Report (Confirmation of the same-class power), each summary order, and the application of statutes governing the judgment;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 148-2 (1) and 44 (1) of the Road Traffic Act (amended by Act No. 1482, May 30, 201); Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 7, 201); Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without the license) concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;