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(영문) 광주지방법원 2019.01.10 2018고단4458
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 29, 2014, the Defendant issued a summary order of KRW 4 million at the Gwangju District Court on the grounds of the violation of the Road Traffic Act (driving). On November 25, 2014, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1 million at the Gwangju District Court on the grounds of the violation of the Road Traffic Act (driving). On March 14, 2016, the Defendant issued a summary order of KRW 6 million for a fine of KRW 1 million at the Gwangju District Court on the grounds of the violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 26, 2018, at around 04:23, the Defendant driven a D vehicle without a driver's license under the influence of alcohol concentration of approximately 5 km from the parking lot of the 85 Gwangju Family Court to the front road in Gwangju Dong-gu from the 85 Gwangju District Family Court to the previous road in Gwangju Dong-gu.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle without a driver's license in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records: Application of inquiries, such as criminal records, response to inquiries, investigation reports (report on attachment to the same type of electric power judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. An order to attend a course of punishment under Article 62-2 of the Criminal Act shall be imposed by selecting an imprisonment with prison labor at a time taking into consideration the defendant's drinking, non-exclusive driving power, and the distance

In addition, the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc. shall be determined as the disposition.

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