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(영문) 광주지방법원 순천지원 2018.06.28 2018고단1115
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law in the Gwangju District Court's net support on November 30, 2012. On June 15, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

On March 21, 2018, at around 06:14, the Defendant driven a CNA-type car under the influence of alcohol concentration of 0.153% while under the influence of alcohol level, without obtaining a driver’s license in about 4km from front of the Jeju apartment road located in the summer-dong, to the front of the EXPO 79 GS25 at the EXPO 79 GS25 at the EXPO.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. The defendant's oral statement; 1. The defendant's oral statement and investigation report (the driver's report on the situation of the main driver);

1. The driver's license ledger;

1. Previous convictions in judgment: The application of inquiry, written judgments, and copies of summary order Acts and subordinate 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 (Consideration of the criminal records of the defendant, the degree of alcohol concentration in the blood of the defendant at the time of driving of the case, the details of control, etc.);

1. It is so decided as per Disposition for the reasons above Article 53 and Article 55(1)3 of the Criminal Act (including the defendant's career, family relationship, and the defendant's mistake against the defendant) of the Act on Reduction of Reduction of Quantity

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