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(영문) 광주지방법원 해남지원 2018.06.07 2018고단135
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 December 14, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law in the support of the Gwangju metropolitan District Court on December 14, 2007, and on January 28, 2016, the same court issued a summary order of KRW 1.5 million as a fine for a violation of road traffic law (driving).

[2] On March 29, 2018, around 23:26, the Defendant driven B-wing truck with alcohol content of about 0.104% while under the influence of alcohol without obtaining a driver’s license from the distance of about 30 meters from the front of the court distance in the 330-ro, Seoul-nam-gun, Seoul-do, the Seoul-do court of the 8-Annnam-gun, the Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report, an inquiry into the details of crackdown, the results of crackdown on driving under drinking, a statement of the circumstances of the driver under driving under drinking, and an investigation report (a report on the situation of the driver under driving

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 summary order;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant, while having been punished several times due to drinking and driving without a license, was driving under the influence of alcohol without being among the persons.

Although the defendant should be punished strictly, the punishment as ordered shall be determined by taking into consideration favorable circumstances, such as the fact that the defendant reflects his/her mistake and does not repeat again, and that there is no record of punishment exceeding the fine, etc.

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