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(영문) 광주지방법원 순천지원 2018.11.29 2018고단2321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to six months of imprisonment and two years of suspended execution as a crime of violating road traffic law in the Gwangju District Court's net support on October 2017, and the judgment became final and conclusive on the 28th of the same month, and is currently under suspended execution.

[2] On October 7, 2018, the Defendant, without a vehicle driver’s license around 20:32, driven a C-wing vehicle from around 20km to the front road of the same Eup/Myeon, in the state of under the influence of alcohol content of 0.077% in the blood.

Accordingly, the Defendant driven a motor vehicle without a driver's license while under influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiries, such as criminal history, copy of the text of the judgment (netly supported 2017 order 615), and a detailed inquiry of the case under the Acts and subordinate statutes;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. The reason for sentencing selective punishment of imprisonment with prison labor lies in the instant crime during the period of probation for the same kind of crime, taking into account various conditions of sentencing as indicated in pleadings, such as the Defendant’s age, sex, environment, motive for the crime and circumstances after the crime, etc.

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