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(영문) 광주지방법원 순천지원 2018.04.26 2017고단2453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 10, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on March 10, 201, and the same year.

4.6. Final and conclusive. On August 28, 2017, a summary order of KRW 4 million has been issued for the same crime in the same court and the same year.

9.9. Finality was made.

On October 13, 2017, the Defendant, without obtaining a driver’s license, driven B Poter in the state of alcohol alcohol concentration of about 0.268% at the 1km section from the Nadodo Dondo Dondo Dondo Don in the south, Jung-gun, Seoul, to the intersection of the same Dondo Dondo Don in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times the Defendant, who was punished for driving under drinking, and, in particular, the Defendant committed the instant crime again in the state of drinking within a short time from the time of the final punishment, and the occurrence of the instant accident due to driving, it is inevitable to punish the Defendant.

Provided, That the same sentence as the order shall be determined in consideration of the health status, etc. of defendants.

It is so decided as per Disposition for the above reasons.

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