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(영문) 광주지방법원 순천지원 2019.09.19 2019고단1046
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 July 12, 2013, the Defendant issued a summary order of KRW 5 million [a summary order of March 5, 2019, which is one of the past records subject to punishment for the violation of the Road Traffic Act, to the Gwangju District Court's net order of KRW 5 million [a summary order of KRW 7 million is stated as one of the past records subject to punishment for the violation of the Road Traffic Act, but the above summary order constitutes a violation of the Road Traffic Act (i.e., the above provision is a crime of driving without a license, and the above provision is deleted as it constitutes a clerical error, and on the other hand, it is judged that there is no disadvantage to the Defendant in light of the progress of the trial)] from the Gwangju District Court's net support on August 28, 2017, the summary order of KRW 7 million was issued as a fine for the violation of the Road Traffic Act (a crime of driving without a license).

On April 23, 2019, at around 00:23, the Defendant: (a) flowed approximately 1.5 km from the front road in the influent fluent dong to the ecological tunnel influent fluent fluor; (b) drive a vehicle without a driver’s license, while under the influence of alcohol concentration of about 0.086 km.

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: The application of Acts and subordinate statutes by inquiry and inquiry;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (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 imprisonment with prison labor chosen;

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

1. The defendant's criminal records (the existence and frequency of the same kind of force, the interval between time and the previous criminal records) for the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order, the nature of each of the crimes of this case, the degree of the defendant's blood alcohol concentration at the time of driving of this case, and the reasons for control.

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