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(영문) 광주지방법원 해남지원 2018.06.14 2018고단92
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 22, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the support of the Gwangju metropolitan District Court on August 22, 2014, and on May 25, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (driving) in the same court.

[Criminal facts]

1. On February 12, 2018, the Defendant driven C Poter Cargo Vehicles with approximately 200 meters alcohol concentration of 0.098% in alcohol while under the influence of alcohol without obtaining a driver’s license from a distance of about 200 meters in front of a female middle school in front of the same Eup/Myeon to the front of the Eup/Myeon located in 113 of the same Eup/Myeon located in a 20-day two Dondon-Don-gun, Chungcheongnam-do.

2. On March 3, 2018, at around 16:50, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from the front of the office of the new ground located at 11, a 549 km-ro, Nando-Eup, Chungcheongnamdo-do-ro, Seoul, to the front of the office of the new ground, located at 1644, a 5km-ro, Nando-do-Eup, North, Hado-do-ro, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, inquiry of the results of crackdown on drinking and report on the situations of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licensed driving) as stated in paragraph (1) of the judgment, and punishment specified for a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The driving of drinking alcohol for the reasons of sentencing of Article 62-21 of the Criminal Act, such as observation of protection, community service and order to attend lectures, is large.

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