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(영문) 광주지방법원 목포지원 2016.08.23 2016고단633

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force” On June 24, 201, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws in the Gwangju District Court’s Support on the grounds of the violation of the Road Traffic Act, etc. On March 3, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic laws in the same court on March 3, 2015.

[Criminal Facts]

1. On May 2, 2016, the Defendant: (a) driven a Dworka car under the influence of alcohol content of 0.139%, without a driver’s license, at the section of about 80km from the front of an influent officetel located down at the lower speed of a wooden-gun, the lower court: (b) around 23:20 on May 2, 201, to the upper speed of 55 km above that of the coastwise Highway, which is located on the lower speed of a wooden-gun; and (c) drive a Dworka car under the influence of alcohol content of 0.139%, without obtaining a driver’s license.

2. Any person who violates the Road Traffic Act shall be prohibited from driving any motor vehicle, etc. by committing two or more acts prescribed in the subparagraphs of Article 46-3 of the Road Traffic Act or causing any danger to traffic continuously or repeatedly;

Nevertheless, on May 2, 2016, from around 21:48 to about 23:20 on the same day, the Defendant driven Drocketing and other vehicles under the influence of alcohol for about one hour to 30 minutes, as described in paragraph 1, and proceeded from the fright station to the 55 km point at the ebsp of the coastwise Highway, which is located in the ebbban-Gun of the southwest-gun, the Eup/Myeon of the eban-gun of the southwest-gun, thereby causing danger to traffic by repeating the parallel.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A), 11 copies of the receipt of the 112 Incident, and black and video CDs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting a crime (the point of drinking) of the relevant Act;