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(영문) 광주지방법원 2018.06.21 2018고단1503
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

On November 27, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3,000,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and a fine of KRW 5,00,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act on October 31, 2008.

1. On March 26, 2018, at around 19:30, the Defendant driven a car with 12 km car from the Do in front of his house located in the Southern-gun of Gwangju to the roads in front of the funeral hall in the south of Gwangju-gu, without a driver’s license.

2. On March 26, 2018, at around 22:29, the Defendant driven the said car at a 500-meter price from the Do in front of the funeral hall in the south of Gwangju Dong-gu to the road located in Gwangju Dong-gu, Gwangju, under the influence of alcohol level of 0.265% without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a statement made under the circumstances of the driver in charge;

1. The driver's license ledger;

1. Making teas;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violating the Traffic Act on March 26, 2018 and the crimes of violating the Traffic Act on the roads around March 22:29 and the traffic Act on the roads);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum term of the punishments prescribed for each of the above crimes is aggregated) shall be aggravated for concurrent crimes;

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

1. The defendant is likely to repeat the crime of this case, such as committing the crime of this case even though he has several criminal records for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education;

On the other hand, the defendant's mistake.

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