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(영문) 광주지방법원 해남지원 2018.08.16 2018고단213
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On January 11, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court. On August 21, 2006, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 21, 2006. On August 29, 2006, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on August 29, 2007. On April 21, 201, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on August 29, 2007.

[2] On May 15, 2018, at around 22:35, the Defendant driven a three-way car with the alcohol concentration of about 0.084% while under the influence of alcohol without obtaining a vehicle driver’s license from the distance of about 1k from the front of the bones bed in the south of Jindo-gun, Jindo-do, Jindo-do to the front of the same Eup-do 104-20 ambro, the southwest-do, Jindo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and investigation report (report on the situations of the driver at home);

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction in disposition, copy of the judgment, and copy of each summary order;

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 pursuant to Articles 53 and 55(1)3 of the Criminal Act refers to an offense in which the driving of alcohol for reasons of sentencing pursuant to Articles 53 and 55(1)3 of the Act places many persons at large risk.

The defendant has received a severe warning of the risk of driving drinking through a fine on several occasions, and is driving without a license.

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