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(영문) 광주지방법원 해남지원 2018.12.13 2018고단287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On September 12, 2002, the Defendant was sentenced to one year and two months of imprisonment and two years of suspension of execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( Escape Vehicles), and on October 22, 2010, issued a summary order of KRW 1.5 million as a fine for a violation of Road Traffic Act in the Southern Branch of the Gwangju District Court on April 22, 201, the summary order of KRW 5 million as the same crime in the same court on April 22, 2016, and the summary order of KRW 1.5 million as a fine for a violation of Road Traffic Act (unlicensed Driving) in the same court on September 29, 2017.

[2] Although the Defendant had been subject to punishment twice or more due to drinking driving, the Defendant driven D1 ton cargo vehicles at the front of the “C,” located in Jindo-gun B without the driver’s license, on July 27, 2018, under the influence of alcohol level of 0.199% from around 17:0 on the alcohol level among blood transfusion around July 27, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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. The reason for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act refers to an offense in which the driving of alcohol for reasons of sentencing pursuant to Articles 53 and 55(1)3 of the Act places many persons at large risk.

The defendant has received a severe warning of the risk of driving under drinking through a fine on several occasions, and in particular, the defendant has a record of being sentenced to a suspended sentence of imprisonment due to the occurrence of a traffic accident while driving under drinking and escape.

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