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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1554
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 1, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 1, 2008, and a summary order of KRW 2.5 million for the same crime in the same court on April 12, 2010, respectively.

On July 10, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle around 19:10, driven B Bacoon without the driver’s license from the 617th parking lot in the Gyang-si, the Gambon-ro, the Gambon-ro, i.e., the Gambon-ro 617, the Gambon-ro, i.e., the Gambon-ro, i., the Gambon-ro, i.e., the Gambon-ro

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (report on the distance of suspect operation);

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry, such as criminal history, and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. In light of the circumstances of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., the Defendant’s age, family environment, drinking and the interval between the Defendant’s previous conviction and the instant crime, the alcohol level in the Defendant’s blood alcohol level at the time of committing the instant crime, drinking and non-licenseing distance.

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