beta
(영문) 광주지방법원 2018.05.31 2018고단1150

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On August 11, 2017, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on August 11, 2017. On December 19, 2017, the Defendant was issued a summary order of KRW 2,500,000 for a fine due to a crime of violating the Road Traffic Act (drinking) at the Gwangju District Court on December 19, 2017. On February 27, 2018, the Defendant was sentenced to the summary order of KRW 2,50,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on February 27, 2018.

On March 14, 2018, under the influence of alcohol level of 0.092% in blood without a driver's license, the Defendant driven a Category C rocketing car with a volume of 500 meters from before the 1071st day of the Yong-gu in Gwangjubuk-gu to the front day of the string line in Gwangjubuk-gu without a driver's license.

[2018 Highest 1458] On March 19, 2018, the Defendant driven a 130 km car at the 130 km away from the fluoral site in Gwangju (hereinafter referred to as "Seoul") to the fluoral site in the gluoral area of the Southern-gun (hereinafter referred to as "Gluoral area") around 17:00 on March 19, 2018.

Summary of Evidence

[2018 Highest 1150]

1. Statement by the defendant in court;

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

1. An explanatory note;

1. The driver's license ledger;

1. A previous conviction in judgment: A written inquiry, each summary order, and judgment [2018 Final Judgment 1458];

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents;

1. The driver's license ledger (the No. 12 of the evidence list);

1. Application of Acts and subordinate statutes on site photographs of traffic accidents;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) on March 14, 2018);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (within the scope of the sum of the long-term amounts of punishments as provided for in each of the above crimes) of the aggravated Criminal Act.