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(영문) 광주지방법원 2019.08.29 2019고단822
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On June 18, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Jinwon District Court’s Jinju branch on July 18, 2017, and completed the execution of each of the above punishment on January 12, 2018. On February 1, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Road Traffic Act (a violation of the Act) at the Jinwon District Court’s Jinju branch on February 1, 2012. On June 4, 2015, the same court was sentenced to a fine of five million won due to the same crime, etc.

[2019 Highest 822] On December 22, 2018, the Defendant driven a FK5 vehicle under the influence of alcohol content 0.071% while under the influence of alcohol content 0.071%, without obtaining a driver’s license, from around C Park located in Gwangju Northern-gu B to the front road located in the same Gu, from around 02:50 to E in the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, drives a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving again.

[2019 Highest 1101]

1. On November 26, 2018, the Defendant was driving the said K5 vehicle under the influence of alcohol content of 0.114% without obtaining a driver’s license, while driving the said K5 vehicle from the front of a main station where it is impossible to identify the trade name in G at J on November 22:50, 2018 to the front of the first road located in H.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, drives a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving again.

2. The Defendant was found to have violated signal at a time and place as referred to in paragraph (1) and was demanded to present his/her driver’s license by J of the Presidential Decree of the Gyeongnam Police Station.

The defendant is a public document in his possession, which is a public document in the name of the Sacheon City.

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