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(영문) 광주지방법원 해남지원 2020.02.20 2019고단483
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 15, 2008, the Defendant received a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on July 15, 200, and a summary order of KRW 3 million as a same crime in the same court on November 30, 2016, respectively.

【Criminal Facts】

The defendant is a holder of B Kanky's knife.

On November 28, 2019, at around 03:00, the Defendant driven a knife knife vehicle not covered by mandatory insurance in the state of alcohol 0.098% at approximately 30 meters from the 30-meter section of alcohol alcohol level to the front road of the F knife parking lot located in the Namnam-nam Navy E, the Defendant driven a knife vehicle in front of the D knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, etc., one copy of the summary order, and one copy of the summary order, and the application of one-time statute to inquire about summary information of the case;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant driven an automobile without mandatory insurance, while under the influence of alcohol.

The defendant has been punished for drinking twice previously.

At the time, the blood alcohol concentration (0.098%) was not lower.

However, the defendant reflects the wrong, the distance of driving is shorter, and criminal punishment is imposed in addition to the punishment of fines twice by the defendant.

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