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(영문) 광주지방법원 해남지원 2018.10.25 2018고단324
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On November 10, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law in the Southern Branch of the Gwangju District Court of Gwangju on November 10, 2010; on March 4, 2015, the same court issued a summary order of KRW 2 million for the same crime; on August 24, 2017, the same court issued a summary order of KRW 7 million for a violation of road traffic law (unlicensed driving) in the same court; on September 21, 2017, the Defendant was sentenced to imprisonment for 8 months and 2 years for a suspended sentence; the judgment became final and conclusive on March 29, 2015.

[2] Although Defendant 1 had been subject to punishment twice or more due to driving of drinking, Defendant 2 driven C observer car at the 1km section from the 1km level to the 1km level without a driver’s license while under the influence of alcohol level of 0.097% from the blood transfusion around August 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver at the home, the statement of the circumstances of the driver at home, and the investigation report (the circumstantial report of the driver at the home);

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

1. The driver's license ledger;

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

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 reason for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act refers to an offense in which the driving of alcohol for reasons of sentencing pursuant to Articles 53 and 55(1)3 of the Act places many persons at large risk.

The defendant is under the influence of alcohol again while driving a motor vehicle is under suspension of execution due to a crime of drinking, even though he/she has received a severe warning of the risk of driving a drinking and driving a non-license through a fine on several occasions and a judgment of one suspended execution.

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