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(영문) 광주지방법원 2019.02.19 2018고단5035
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on February 12, 2015, and on April 22, 2016, the Defendant issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on April 22, 2016, and on April 26, 2018, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Gwangju District Court on February 26, 2018.

On November 25, 2018, at around 21:35, the Defendant driven a motor vehicle with a volume of 200 meters from the rear alley to its front side in the Gwangju Mine-gu, while under the influence of alcohol of 0.132% without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A previous conviction in judgment: An inquiry letter, each summary order, and the application of statutes applicable to such judgment;

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

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

1. Taking into account all the circumstances, including the fact that the defendant commits the instant crime during the period of imprisonment without a license or the suspension of the execution of imprisonment due to driving without a license, and driving under the influence of alcohol, and the fact that the blood alcohol concentration is considerably high, while the defendant admits his mistake, etc.

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