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(영문) 광주지방법원 2018.11.08 2018고단3632

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

Reasons

Punishment of the crime

[2] On January 22, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Gwangju District Court on November 13, 2009, and was issued a summary order of KRW 1,50,000 for a violation of the Road Traffic Act at the Gwangju District Court on October 20, 201. On October 20, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 18, 201, and was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 18, 2015.

[Criminal facts] Defendant A is a person who is engaged in driving of a car with B test.

On August 30, 2018, at around 22:30, the Defendant driven the said vehicle under the influence of alcohol level of about 0.111% without a driver’s license from the front of the monthly church located in 120, the monthly village in the Gwangju Mine-gu, Gwangju, to the front of the Gwangju Bank located in approximately 170, the same high-tech center.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the same type of force), and 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. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the defendant's drinking driving power, etc., as stated in the judgment of sentencing in Article 62-2 of the Criminal Act;

Other blood alcohol concentration, ..