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(영문) 광주지방법원 순천지원 2019.06.14 2019고단650
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

【Criminal Power of Crimes】 On November 18, 2005, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (refluence of measurement) at the Suwon District Court on November 18, 2005; on October 13, 2006, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) from the Gwangju District Court’s Net Branch on October 13, 2006; on May 12, 2009, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (refluence) from the Gwangju District Court’s Net Branch on May 12, 2009; and on April 3, 2018, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (refluence) from the Gwangju District Court’s Net Branch on April 3, 2018.

【Criminal Facts】 On February 27, 2019.23:19, the Defendant driven approximately 3.5 kilometers from the taxi platform in front of C apartment, to the roads near D in the same city, while under the influence of alcohol content of 0.279% by blood at around 0.279% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, driver's license register, and investigation report (with respect to photographs, etc. of black booms and video shielded by a suspect), etc.;

1. Previous records: Application of inquiry results and investigation reports (including reports on criminal records of the suspect and related summary orders, accompanied by attached documents), and Acts and subordinate statutes;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service or order to attend a lecture: The circumstances that the defendant has been punished several times for the same kind of crime, and the defendant's age, character and behavior, environment, health conditions, and the like;

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