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(영문) 광주지방법원 순천지원 2018.09.28 2018고단1645
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 7, 2017, the Defendant issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch. On November 9, 2017, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) and a crime of violating the Road Traffic Act (dacting driving) in the same court.

On July 12, 2018, the Defendant was sentenced to a suspended sentence of two years in October, 2018 due to a violation of road traffic law (unlicensed driving) in the Gwangju District Court's net support on July 12, 2018, and this decision was finalized on July 20, 2018.

On July 16, 2018, the Defendant driven CK3 car from the 500-meter section to the second front road of the death-forest apartment, if he was under the influence of alcohol by 0.125% in the blood alcohol level without obtaining a driver's license, from the front road of the 306-side radio-use apartment of the Sclime Yoil-si, and if he was under the influence of drinking at 0.125% in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, a copy of the summary order No. 443, Gwangju District Court Decision No. 2017 Gocheon-gu, Gwangju District Court Decision No. 2017 Gocheon-gu, 1 copy, Gwangju District District Court Decision No. 2018 Gocheon-gu, 2018 Gocheon-gu, 2018 Gocheon-gu, 233, and the search-related statutes of the Supreme Court;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) [the crime above and the violation of Road Traffic Act (non-licensed driving, etc.) for which judgment was made on July 20, 2018]

1. Following the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the instant crime and the crime of violation of road traffic laws (unlicensed driving) for which the judgment became final and conclusive on July 20, 2018, and the latter concurrent crimes after Article 37 of the Criminal Act.

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