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(영문) 광주지방법원 2018.08.16 2018고단1958
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On October 15, 2008, the Defendant was issued a summary order of KRW 700,00 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on June 12, 2009, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on June 12, 2009, and on May 23, 2012, the Defendant was sentenced to a fine of KRW 4,00,00 as a crime of violation of the Road Traffic Act at the Gwangju District Court on May 23, 2012, and on March 7, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Gwangju District Court on more than two occasions.

On April 29, 2018, the Defendant, without a driver’s license, driven a 30-meter c franchise vehicle in front of bron broned flusing flusing flusing around 14:17, under the influence of alcohol level of 0.325% in blood while under the influence of alcohol level of 0.325% in Gwangju Mine-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Evidence and photographs of each traffic accident scene;

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

1. The driver's license ledger (the sequence 14 of evidence list);

1. Previous convictions in the judgment: A reply to inquiry, each summary order, and the application of each judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. When considering all the circumstances such as the following: (a) protection observation, community service, and order to attend lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, Etc., and Article 59 of the Act on the Punishment, etc. of Sentencing, (b) the degree of alcohol concentration among blood for the reason of sentencing is high; and (c) the crime of this case was committed even though the same criminal record was several times; (d) the Defendant’s mistake is against himself/herself; (e) the Defendant’s detention is deemed to bring about a big difficulty to his/her family members; and (e)

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