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(영문) 광주지방법원 2018.05.17 2018고단993
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 17, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on December 19, 2008, issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method Board on December 19, 208, and on July 20, 2016, the Defendant was issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the support of Friwon Friwon Friwon method for the violation of the Road Traffic Act at least twice.

On March 5, 2018, under the influence of alcohol level of 0.158% in blood without a vehicle driver's license, the Defendant driven a 100-meter CM5 car from the front of the CM5 car located in the monthly 893-1 of the Gwangju Mine-dong, Gwangju Mine-gu, to the front of the CM5 car at the CM5 car in front of the 892-4 monthly Haak-dong, Gwangju Mine-gu, Gwangju Mine-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea recognize the defendant's mistake, and there is a risk that the defendant may repeat the crime in light of the criminal records of the defendant.

determined, and considering all the circumstances such as alcohol concentration, driving distance, etc. during blood;

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