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(영문) 광주지방법원 순천지원 2019.06.21 2019고단943
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 13, 2016, the Defendant violated the Road Traffic Act ( sound driving) was sentenced to two years of imprisonment for a violation of the Road Traffic Act in Gwangju District Court’s net support, etc., and the said judgment becomes final and conclusive on June 26, 2017, and is currently under probation.

On October 12, 2007, the Defendant was sentenced to a suspended sentence of one year for the same crime in the same court. On April 28, 2015, the same court was issued a summary order of a fine of two million won or more for the same crime, and the Defendant was punished for violating Article 44(1) of the Road Traffic Act on two or more occasions.

On July 16, 2018, at around 00:43, the Defendant driven an Epoter cargo vehicle under the influence of alcohol content of about 0.145% from the 5km section from the front of the cafeteria, “C” restaurant located in the Jeonsung-gun, Bosung-gun B to the front of the D.

2. Around 16:30 on April 23, 2019, the Defendant driven the Poter Cargo Vehicles without a driver’s license at a section of about 45 km from the lux area where the purchase volume of the Potered by the Jeonsung-gun, Bosung-gun to the front road of the G school located in the 18:20-si of the same day from the 16:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, report on the circumstances of drinking driving, inquiry into the results of crackdown on drinking driving, and register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (including attachment of a criminal suspect's drinking records, written judgments, etc., and accompanying materials);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act have the record of having been punished several times for the same or a different kind of crime, and the same crime is also two times for the same crime.

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