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(영문) 광주지방법원 해남지원 2019.07.18 2019고단171
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 13, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court's Branch on July 13, 2006. On November 29, 2007, the Defendant was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 2 million for August due to a crime of violation of the Road Traffic Act (driving). On October 1, 2015, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court's Maritime Branch on July 13, 2006.

【Criminal Facts】

around 00:00 on April 23, 2019, the Defendant driven an Ek7 vehicle under the influence of alcohol content of 0.097% without obtaining a driving license at a distance of about 30km from the front side of the west-gun B to the front side of the D store located in the west-gun, Jeonnam-do.

around 04:01 on May 13, 2019, the Defendant driven the E K-7 vehicle under the influence of alcohol content of about 0.134% without obtaining a driver’s license, in a section of approximately 1.5km from the 1.5km to the west-west Intersection of the west-gun in the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-gun, the west-do.

Summary of Evidence

[2019 Highest 171]

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The register of driver's licenses (2019Sang208);

1. Defendant's legal statement;

1. Control note, report on the circumstances of a drinking driver, and notification of the results of the drinking driving control;

1. The register of driver's licenses (previous record on market);

1. An inquiry report, such as a criminal history;

1. Two copies of summary order and application of Acts and subordinate statutes of one written judgment; and

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. Probation, community service order and other matters;

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