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(영문) 광주지방법원 순천지원 2018.11.09 2018고단2063
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On March 25, 2016, the Defendant was sentenced to a fine of KRW 6 million due to a violation of road traffic law (drinking driving) in the Changwon District Court's Jinju branch on March 25, 2016; on June 16, 2017, the Defendant was sentenced to imprisonment for one year due to a violation of road traffic law (dacting driving) and a violation of road traffic law (dact-free driving) in the Seowon District Court'

On April 23, 2018, the Defendant driven Ckn Law motor vehicle under the influence of alcohol content of about 0.181% in blood while under the influence of alcohol without obtaining a driver's license from the section of approximately 1 km in the direction of the health source to the 19:25 Manyang-si, in the direction of the Manyang-si, which is located in the Manyang-si road (Manyang-si) in the vicinity of the Manyang-si (Mayang-si) in the vicinity of the Manyang-si.

As a result, the Defendant was a person who had a driving record of drinking not less than twice, driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: (a) there are many criminal records having the same type of reasons for sentencing selective sentence of imprisonment with prison labor; (b) the criminal defendant repeats again during the period of parole; (c) the driving distance is shorter; and (d) the criminal defendant's age, sex, family relationship, environment, circumstances, and results of the crime; and (d) the circumstances after the crime.

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