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(영문) 광주지방법원 순천지원 2018.06.21 2018고단126
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2018 Highest 126] On January 13, 2018, the Defendant driven a Cwing-III truck under the influence of alcohol leveling 0.09% from approximately 150 meters away from the 150-meter section to the front road of the Masan Park located in the Schan Sim-si.

[2018 Highest 860] On January 6, 2010, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law (drinking) in the Gwangju District Court’s Netcheon Branch on January 6, 2010. On January 13, 2018, the Defendant committed a violation of road traffic law (drinking).

On April 14, 2018, at around 21:37, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of 0.067% during blood without obtaining a driver’s license from the front of the restaurant of the Soridong Maridong, to the front of the Sungsan Park, and without obtaining a driver’s license from around 50 meters.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by each of the defendants in court;

1. Statement on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of statutes to the defendant's legal statement, reply to inquiry, or copy of the judgment (No. 2009 High Court Order 1863);

1. Relevant Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act [2018 Heights 860] Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. The Defendant’s criminal records for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the fact that the Defendant has been punished for the same kind of crime, and that the Defendant was punished for driving under drinking) and the Defendant’s driving under the influence of alcohol was 126 higher order 2018.

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