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(영문) 광주지방법원 해남지원 2017.06.22 2017고단167
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 August 29, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court, on October 18, 2007, sentenced to a fine of KRW 2 million for the same crime in the same court on September 25, 2008, sentenced to a suspended sentence of ten million for the same crime in the same court on September 25, 2008. On July 3, 2009, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the Gwangju District Court on July 3, 2009, and completed the execution of the sentence in the Gwangju District Court on May 12, 2016.

[Criminal facts]

1. Although the Defendant was punished for violating the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) more than twice, the Defendant driven C-II cargo under the influence of alcohol concentration of 0.064% without obtaining a driver’s license from a section of about 1km to the front road of the sales store, on March 3, 2017, while driving a C-II truck under the influence of alcohol concentration of 0.064% in the blood alcohol level without obtaining a driver’s license from a section of about 1km to the front road of the sales store.

2. On April 11, 2017, the Defendant driven the said cargo vehicle without obtaining a driver’s license from a section of about 2 km from the 3rd km to the 3rd km in the same side of the name of the new west-gun, Jindo, the south-do, Seoul, on April 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, report on the results of regulating the driving of alcohol, inquiry into the results of crackdown on the driving of alcohol, and the register of driver's licenses

1. Records of previous conviction and drinking records: A inquiry letter, such as criminal history, investigation report (report attached to the same criminal records and judgments of the suspect), and inquiry records of drinking (A) shall apply to the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and each road traffic Act.

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