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(영문) 광주지방법원 2017.10.26 2017고단3405
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 June 9, 2017, the Defendant, while under the influence of alcohol of 0.210% in blood without obtaining a driver’s license on June 22, 2017, the Defendant driven BM5 car from the section of about 5 km from the front of the Gane-gun Hong-gun, Hong-gun, Hong-gun, U.S. to the front of the date located in the legal interest of the law of the Nam Young-gun, Nam-gun.

On February 11, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 11, 2016, and on August 11, 2017, the Defendant was indicted to the Gwangju District Court for a violation of the Road Traffic Act (drinking) and violated Article 44(1) of the Road Traffic Act at least twice during trial.

On July 7, 2017, the Defendant, while under the influence of alcohol 0.166% in blood, driven a BM5 car at the 10km section from 65 meters away from the 65-lane to the 44-lane south of Yong-gun, Young-gun, Hong-gun, Hong-gun, Hong-gun, without obtaining a driver's license, to drive the BM5 car at the 10km section from the 10km section to the front road of Tae-gun, Young-gun, Young-gun.

Summary of Evidence

"2017 Highest 3405"

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

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

1. "Motor vehicle driver's license ledger 2017 high group 3446";

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. The point of previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order attached thereto, and an indictment) by statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 2 subparag. 1, Article 44(1) of the Road Traffic Act (the point of self-driving on June 9, 2017), Article 148-2 subparag. 1, and Article 44(1) of the Road Traffic Act (the point of self-driving on July 7, 2017) concerning criminal facts, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning each of the following facts:

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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