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(영문) 광주지방법원 해남지원 2018.12.06 2018고단400
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 2, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of road traffic law (drinking driving) from the early branch of the Chuncheon District Court on July 2, 2008. On September 9, 2011, the Defendant received a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and on May 17, 201, the Defendant was sentenced to imprisonment for one year for a violation of road traffic law (drinking refusal of drinking), and on May 25, 2018, the said judgment became final and conclusive.

[Criminal facts] On July 27, 2018, the Defendant driven a non-registered wheel with no mandatory insurance without obtaining a bicycle driver's license from approximately 7 km distance from the back of the gas station C located in Jindo-gun B to the front roads of the same military unit D, and without obtaining a bicycle driver's license from around 0.193% alcohol concentration during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, copy of each summary order, and copy of each text of the judgment;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The defendant is on the grounds of sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (to the extent that the period of punishment prescribed in each crime is aggregated).

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