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(영문) 광주지방법원 2018.11.29 2018고단2831
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 8, 2012, the Defendant was sentenced to a summary order of KRW 700,00 to a fine for a violation of road traffic law at the Gwangju District Court on April 8, 2014; on January 19, 2016, the Defendant was sentenced to a fine of KRW 500,000 to a fine for a violation of road traffic law at the Gwangju District Court on January 19, 2016; on March 30, 2017, the Defendant was sentenced to a fine of KRW 500,000 for a violation of road traffic law at the Gwangju District Court on September 28, 2017; on January 25, 2018, the Defendant was sentenced to a fine of KRW 8 million for a violation of road traffic law; and on March 30, 2017, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of road traffic law at the Gwangju District Court on more than six occasions.

[2018 Highest 2831] On June 23, 2018, under the influence of alcohol level of 0.164% in blood without a motor bicycle license, the Defendant driven a 300-meter F motor bicycle with a volume of 300 meters from the Do adjacent to C in Gwangju Northern-gu, Seoul, to the road adjacent to the Dong-dong, Gwangju Northern apartment E.

[2018 Highest 3918] On September 7, 2018, at H hospital I room located in G in Gwangjubuk-gu, Gwangju, the Defendant caused damage to the victim’s character that requires approximately two weeks of treatment, considering the victim J (58 years old)’s right knife by hand.

Summary of Evidence

【Criminal Records】

1. Written inquiry and reply;

1. Each judgment;

1. Current status of accommodation by individual (2018 high group 2831);

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Registers of driver's licenses (2018 Height 3918);

1. Statement by the defendant in court;

1. The K's statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Crimes under Articles 40 and 50 (Crime of Violation of Road Traffic Act, Violation of Road Traffic Act, and Non-licensed Driving) of the Criminal Act for the ordinary concurrent crimes;

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