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(영문) 광주지방법원 순천지원 2019.02.14 2018고단1914
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2007, the defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 4, 2007, the summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on July 10, 2007, and the same court on October 19, 2009, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) and issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on July 5, 201, and on February 1, 2017, the same court was sentenced to imprisonment for 8 months and 2 years for a violation of the Road Traffic Act (driving).

On August 27, 2018, the Defendant, without obtaining a driver's license at around 21:55, driven a F E-cub vehicle from around 2.5 km to the front road located in D at the time of drinking water at about 0.112% under the influence of alcohol at around 0.112%.

Accordingly, the defendant was a person who had a driving force twice or more, and re-driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant was punished for drinking driving on several occasions, and in particular, on February 1, 2017, even though he was sentenced to a suspended sentence of imprisonment due to drinking driving, the defendant committed the instant crime in the state of blood alcohol concentration of 0.112% during the suspended sentence period. In principle, it is difficult to arrange any longer in that the defendant committed the instant crime.

However, the defendant driving a vehicle 15 hours after drinking from an investigative agency.

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