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(영문) 광주지방법원 순천지원 2017.11.24 2017고단1566
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2010, the Defendant received a summary order of a fine of KRW 4 million for a violation of road traffic law in the Gwangju District Court's net support on November 22, 2010, and was sentenced to a fine of KRW 8 million for the same crime in the same court on March 15, 2017 and was sentenced to a fine of KRW 8 million for the same crime in the same court on three occasions.

Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act have partially deleted the part of the criminal records of the indictment in accordance with the requirements for the establishment of the crime of violation of the Road Traffic Act.

On July 29, 2017, the Defendant driven a B rocketing car owned by the Defendant from a rooftop ridge to a luminous string-ro string-road string-road string-road string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

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;

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

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

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

1. On the grounds of sentencing chosen to impose a sentence of imprisonment with prison labor, the following circumstances and the Defendant’s age, family environment, drinking and driving distance without obtaining a license shall be determined as indicated in the disposition, taking into account the previous conviction and the time interval between the instant crime and the circumstances after the instant crime, etc.

The favorable circumstances: the defendant recognizes a crime and reflects his mistake, etc.; and

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