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(영문) 광주지방법원 해남지원 2018.08.16 2018고단223
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 18, 2012, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic law in the Southern Branch of the Gwangju District Court of Gwangju, and on July 17, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for a crime of violating road traffic law in the Southern Branch of the Gwangju District Court of Gwangju District, and on July 6, 2017, the Defendant was released on December 22, 2017 and was released on December 22, 2017 and the parole period expired on January 2, 2018.

[Criminal facts] On May 7, 2018, the Defendant driven a D-wing truck with approximately 15 meters alcohol concentration of 0.220% while under the influence of alcohol without obtaining a driver’s license, around May 15:50, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report, a report on the details of crackdown on drinking, a report on the results of crackdown on driving drinking, a report on the circumstances of the driver who is placed in driving, and an investigation report (the report on

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

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, a copy of each summary order, and the application of statutes on personal confinement;

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 under Article 35 of the Criminal Act is an offense that causes heavy danger to many people.

Although the Defendant had been punished several times due to drinking driving, he again committed the instant crime during the period of repeated crime due to drinking driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration is very high, and in light of the attitude that the Defendant was seen at the time of crackdown, the Defendant appears to have been in a very difficult state to drive normally due to the influence of alcohol.

(b)report;

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