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(영문) 광주지방법원 목포지원 2018.08.10 2018고단424
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 29, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court Support on August 29, 2008. On September 18, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

[Criminal facts] On April 29, 2018, the Defendant driven B Obba without a motor device bicycle driver’s license, under the influence of alcohol with approximately 100 meters alcohol content from around 100 meters to around 0.154% of alcohol level, from the 19.00m section to the nbasty road along the south Sea in the south Sea of 19:00 on April 29, 2018

As a result, the defendant who has violated the prohibition on drinking at least two times, once again drives a motor device under the influence of alcohol in violation of the prohibition on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Criminal records as stated: Application of inquiry letter, such as criminal history, and investigation report (verification of the same criminal records as the suspect) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing of Article 62-2 of the Criminal Act, including the following: (a) although the Defendant had had a history of criminal punishment for the same kind of crime, such as the record of the crime, the Defendant repeated the drinking of this case and the driving without a license; (b) however, there was no history of criminal punishment other than the fine; (c) the confession and reflect of the instant crime; and (d) the Defendant’s blood alcohol concentration during the crime, are considered as a whole.

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