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(영문) 광주지방법원 2017.10.26 2017고단3708
도로교통법위반(음주운전)등
Text

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

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 July 12, 2017, the Defendant was under the influence of alcohol concentration of 00:108% in blood around July 12, 2017, the Defendant driven a D rocketing car during the driver’s license suspension period (from May 7, 2017 to July 19, 2017) from approximately 4km in the section from the fri-type end of the fri-type motor vehicle in Gwangju Mine to the fri-type road in accordance with the Seo-gu Jinjin-gu, Gwangju.

On April 6, 2017, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on April 6, 2017. As above, the Defendant had the record of regulating the driving of drinking on July 12, 2017.

[2] On August 15, 2017, under the influence of alcohol level of 0.122% during blood transfusion around 12:45, the Defendant driven D New EF rocketing car from the front of the floor of the Yongsandong-dong of Gwangjubuk-gu to the front road of the same gold apartment.

Summary of Evidence

"2017 Highest 3708"

1. Statement by the defendant in court;

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

1. "Motor vehicle driver's license ledger 2017 Senior 4369";

1. Statement by the defendant in court;

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

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on July 12, 2017), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on August 15, 2017), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures has a record of being punished by a fine on April 2017 due to drinking driving, he/she shall be punished by a fine on July 2017.

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