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(영문) 광주지방법원 2019.01.24 2018고단4860
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a summary order of KRW 3,500,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 3,00,000 for a crime of violation of the Road Traffic Act at the Gwangju District Court on July 17, 2017.

On November 13, 2018, under the influence of alcohol level of 0.060% without a driver's license, the Defendant driven a 100-meter D Ecoo vehicle from the front of a restaurant located in Gwangju Mine-gu B to the front of the new Changdong post office located in Gwangju Mine-ro 61, Gwangju Mine-gu, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc., and consideration of the criminal records of the defendant, blood alcohol concentration, driving distance, etc.

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