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(영문) 광주지방법원 2019.07.11 2019고단1814
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 11, 2009, the Defendant received a summary order of a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 11, 2009, and on May 18, 2010, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of two or more times for the same crime.

【Criminal Facts】

On May 13, 2019, at around 21:00, the Defendant driven a F 1t truck while under the influence of alcohol leveling 0.098% without obtaining a driver’s license from the front of C, located in Young-gun, Young-gu, Seoul, to the front of E, about 200 meters.

Summary of Evidence

1. Legal statement of the defendant, notification of the result of crackdown on drinking driving, and inquiry about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation reports (including a copy of the judgment attached thereto) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 Criminal Act includes a long-term electric power, 4 or more times of drinking driving, and 3 times of driving without a license. The first time of the suspension of the execution is the case where the driver's license was revoked due to the traffic accident that occurred during drinking driving in 2004, and the driver's license was revoked, and the driver's license was revoked. In light of the fact that the driver's license was revoked due to the traffic accident that occurred during drinking driving in 204, and the driver's license without a license was punished once by a fine, etc., the last one after the person was punished for drinking driving, etc.

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