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(영문) 광주지방법원 순천지원 2021.02.17 2020고단2746
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On May 26, 2008, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on May 26, 2008, a summary order of KRW 1.5 million for the same crime from the same support on August 10, 2009, a summary order of KRW 3 million for the same crime from the same support on November 22, 2010, and a summary order of KRW 5 million for the same crime from the same support on March 25, 2013, and was sentenced to a summary order of KRW 5 million for the same crime from the same support on September 22, 2016.

On October 20, 2020, the Defendant driven a rocketing car with a alcohol level of 0.038% under the influence of alcohol level of 0.038%, without obtaining a driver’s license from the front of the cafeteria to the front of the B apartment in the influent city from around 23:00 to the influent cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each summary order, and application of each statute of the judgment;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had a record of having been sentenced to multiple criminal punishment for traffic crimes, such as drinking and unlicensed driving; (b) on May 15, 2013, the Defendant was sentenced to one year of imprisonment, three years of suspended sentence, ten months of imprisonment due to drinking or non-licensed driving on August 9, 2013; and (c) on September 22, 2016, the Defendant was sentenced to one year and two months of imprisonment and acquired a vehicle without a driver’s license on October 23, 2017, immediately after the enforcement of the sentence was completed; and (d) on October 23, 2017, the period for repeated crime was expired and 30 days after the expiration of the period for repeated crime.

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