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(영문) 광주지방법원 순천지원 2018.07.06 2018고단1089

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 26, 2007, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking) at the Seocheon Branch of the Gwangju District Court on October 26, 2007, and on October 10, 2014, issued a summary order of KRW 1.5 million as a fine for the same crime at the Seocheon Branch of the Daejeon District Court.

On May 8, 2018, the Defendant, without obtaining a driver’s license, driven a Csch Rexton car under the influence of alcohol concentration of about 0.093% from the 50-meter section to the front road of the second apartment of the 3rd apartment of the Spex-on Spex-si Radio Station, if it is the same time from May 8, 2018 to the third apartment of the Spex-on-gu Radio Complex.

2. On February 20, 2018, the Defendant: (a) opened and intruded a window that is not locked by F. F. F. F. F. F. F. F. F. F. F. F.f., of the victim E of the 1st floor D at a leisure time around 01:40 on February 20, 2018; and (b) attempted to open a cash entry and departure from the road owned by the victim at that time, the Defendant escaped.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

Summary of Evidence

"2018 Highest 1089"

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Two copies of a reply to inquiry, such as criminal history, and a copy of a summary order for drinking driving";

1. Statement by the defendant in court;

1. E statements;

1. Application of Chapter 1 of the CD and the Acts and subordinate statutes on CCTV closure photographs;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act (a person who has attempted to larceny upon a structure at night);

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

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. The following circumstances and the Defendant’s age, health status, as well as the reasons for sentencing in the former part of Article 37, the main sentence of Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.