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(영문) 광주지방법원 2018.03.29 2018고단159
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On May 28, 2008, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act at the Gwangju District Court, etc. on October 19, 201, and was sentenced to a summary order of 1.5 million won due to a violation of the Road Traffic Act at the Gwangju District Court on October 19, 201. On August 20, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on August 20, 2015.

On December 4, 2017, the Defendant driven, without a driver’s license, 300 meters high from the Do in front of the head clothes of the Sinsisan-dong in the city of 0.140% alcohol level in the blood while under the influence of alcohol level on December 4, 2017, the Defendant driven a vehicle of 300 meters high B Poter B Poter to the front of this creative distance, from the Do in front of the heading road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The evidence and photographs of each traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (the sequence 17 of the evidence list);

1. Previous conviction: The application of a written inquiry and a written inquiry, each investigation report (the No. 27,28 of the evidence list) by 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant committed the instant crime even if he/she had a previous conviction of the same kind of reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., taking into account all the circumstances, such as the fact that the Defendant’s mistake is recognized, the degree of alcohol concentration, driving distance, etc.

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