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(영문) 광주지방법원 2018.10.25 2018고단3453

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 December 20, 2006, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court’s net support on December 20, 2006. On December 20, 201, the Defendant was issued a summary order of KRW 5,00,000 for a violation of the Road Traffic Act (drinking driving), and on December 20, 201, on December 20, the Defendant was issued a summary order of KRW 5,00,00 for a violation of the Road Traffic Act (drinking driving), and on December 20, 2017, the Defendant was sentenced to a fine of KRW 8,00,000 for a violation of the Road Traffic Act at the Gwangju

On July 27, 2018, the Defendant driven a 1km Bmp car from the front day of the week where it is impossible to find out the trade name in Gwangju Northern-dong while under the influence of alcohol level of 0.288% without a driver's license, to the intersection at the entrance of the middle park located at the 47-ro of Gwangju Northern-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Sovereign photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, each judgment, and summary order Acts and subordinate statutes;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is a risk of re-offending by the criminal defendant in light of the criminal records, etc. of sentencing prescribed in Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Education;

determined, and considering all the circumstances such as alcohol concentration, driving distance, etc. during blood;