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(영문) 광주지방법원 2018.05.03 2018고단956
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 27, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million for the same crime at the same court on December 27, 2017, respectively.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a car Bpdd in the section of approximately 100 meters from the front side of the Geumho Central Women's High School located in Geumho-gu, Gwangju, the head of which without a driver's license, in the state of under the influence of alcohol of at least 0.089% among blood alcohol around February 13, 2018, to the front side of the 100-meter, the restaurant under the same head of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of a person obliged to attend a course of imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act by selecting and punishing him/her at once taking into account his/her alcohol density, the reason why he/she drives alcohol, the distance and place where he/she drives alcohol, the distance and place where he/she drives alcohol, the distance from the previous punishment (the interval of two months after he/she was punished for driving alcohol) and other circumstances after the defendant's age, sexual behavior, environment, crime, etc. shall be determined as ordered by the order;

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