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(영문) 광주지방법원 2018.06.07 2017고단4484
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 March 12, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4,00,00 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court’s interest support on October 19, 201.

[2017 Highest 4484] On August 26, 2017, the Defendant driven a 20km car from a Do located in the Geumdong-gu, Gwangju, under the influence of alcohol level of 0.244% during blood transfusion on August 26, 2017, to the front of the Cheongung-gu, Gwangju, Chungcheongnam-gu, the Do in the Geumdong-gu, Gwangju.

[2018 Highest 1405] On April 11, 2018, under the influence of alcohol level of 0.205% from blood transfusion without a vehicle driver’s license, the Defendant driven another 30 meters highest Down-ro 162 way from the Do ahead of the GS convenience store located in the GS-dong of Gwangju Seo-gu, Seo-gu, Gwangju to the 162-ro, Seo-gu, Gwangju.

Summary of Evidence

【Criminal Records】

1. Written inquiry and reply;

1. Each summary order (2017 order 4484);

1. Statement by the defendant in court;

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

1. Control manual (2018 Senior 1405 Senior 1405);

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of each Act and subordinate statute governing the situation of accident;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between the crimes of violating the Traffic Act on April 11, 2018 and the crimes of violating the Traffic Act on Roads (Drinking).

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In order to observe the order for protection and attend lectures, Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc., of the same kind of criminal records can be used, and driving under the influence of alcohol on August 26, 2017.

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