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(영문) 광주지방법원 해남지원 2019.11.28 2019고단361
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 19, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on August 19, 201. On December 15, 2017, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju metropolitan District Court's support.

【Criminal Facts】

On August 31, 2019, at around 13:21, the Defendant driven a non-registered motor vehicle not covered by mandatory insurance without obtaining a motorcycle driver's license from around 500 meters at a distance of about 500 meters from the front of the C cafeteria located in the Southern Navy B to the front of the Eda located in the west-gun of the Southern Navy, the Defendant driven a non-registered motor vehicle under the influence of alcohol concentration of 0.176%.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Control note;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc., inquiry inquiry reports and application of double-order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant is on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

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