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(영문) 광주지방법원 2018.05.03 2018고단453
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On February 16, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on the grounds of the violation of the Road Traffic Act. On September 16, 201, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the same court on September 16, 201, and was sentenced to a suspended sentence of KRW 1.5 million for one year for the same crime on March 31, 2015.

On January 30, 2018, at around 23:53, the Defendant driven a D low-water car in the state of alcohol alcohol concentration of approximately 0.097% from the 1km section to the front road of the modern hospital located in 294, from the 1km section of approximately 1km to the 40-ro, Jin-do, Han-do, Jin-ro, Jin-ro, Seoul, the low-speed 40.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking more than twice.

2. Around 08:10 on January 30, 2018, the Defendant driven a D low-speed car without obtaining a driver’s license from around 23:53 on the front day of the Defendant’s house located in Gwangju Northern-gu, Gwangju, to around 294 on the same day from the front day of the house of the Defendant’s house located in Gwangju Northern-gu, to the front day of the modern hospital located in 294.

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 an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

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 Defendant, including the record of the crime indicated in the reasoning of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act, was punished four times due to drinking, and one of them was the case causing a traffic accident.

However, the Defendant is driving under the influence of alcohol, etc. without any person.

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