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(영문) 광주지방법원 2018.08.16 2018고단2229
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On August 12, 2014, the Defendant issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on August 12, 201, a summary order of KRW 5,00,000 as a fine for the same crime in the same court on January 28, 2015, and a summary order of KRW 6,00,00 as a fine in the same court on November 30, 2016, respectively.

[2] Although Defendant 1 had been able to violate the provision prohibiting drinking under the Road Traffic Act more than twice, Defendant 2 driven a C-A-hurbed vehicle under the influence of alcohol leveling 0.142% of alcohol level without obtaining a driver’s license from around May 23, 2018, at around 23:02, a light bream parking lot located in the Seo-gu, Gwangju-gu, Seo-gu, Seo-gu, to the string of the coefficient in the same Gurost, and without obtaining a driver’s license from around 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including a summary order attached thereto), and statutes;

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. Selection of imprisonment with prison labor chosen;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be imposed by selecting imprisonment with prison labor in a lump sum, taking into account the defendant's records of driving alcohol (a total of three times as stated in the criminal records in the judgment, and a single time among them, has the records of punishment for a traffic accident) and non-licenseed driving power (a time of punishment for a single fine in the year 2017).

In addition, the alcohol concentration during blood, the circumstances leading up to the driving without a license, the distance and place of driving without a license, the distance between each punishment force, the defendant's age, sex, environment, and circumstances after the crime.

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