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(영문) 광주지방법원 해남지원 2019.10.10 2019고단275
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On May 18, 2012, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court’s support on May 18, 2012, and a summary order of KRW 5 million for the same crime in the same court on March 11, 2016, respectively.

【Criminal Facts】

On May 17, 2019, at around 16:20, the Defendant driven the D 3 cargo vehicles while under the influence of alcohol leveling 0.363%, without obtaining a driver’s license in a section of about 500 meters from the front of the west-gun, Chungcheongnam-gun, Seoul to the front of the road C.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The investigation report on the actual condition of traffic accidents, the report on the circumstantial statements of drinking drivers, and the inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Evidence and photographs of the accident site;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Prior to the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant again committed the instant crime even though he had had the record of being punished several times due to drunk driving and unlicensed driving.

Although the Defendant did not have obtained the driver’s license, the Defendant continued to repeat the crime, and the blood alcohol concentration level at the time of the instant case was very high to 0.363%.

At the time of the instant case, while driving an automobile, the Defendant was absent from the ditch, and the freight would be transferred to the side, and in light of this, there was a very high risk of causing other accidents.

However, there is no record that the defendant reflects his mistake and has been punished for the same crime exceeding the fine.

otherwise, the age of the defendant;

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