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(영문) 광주지방법원 순천지원 2018.10.11 2018고단1692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[J] On July 18, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Gwangju District Court’s net support on July 18, 201, and a summary order of KRW 2 million for a crime of violation of road traffic law in the Gwangju District Court’s net support on February 17, 2015.

[2] On July 20, 2018, the Defendant driven a BEX car under the influence of alcohol leveling 0.144% while under the influence of alcohol leveling 0.14%, without obtaining a driver’s license, from approximately 5km section from the front side of the Yyang-gu, Yyang-si, Seoul, to the front side of the village in the same city of Mayang-si to the front side of the Yyangyang-gu, Seoul.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to provide community service and attend lectures has been punished at least twice each due to drinking and non-licenseing, and the Defendant committed the instant crime.

However, the defendant's mistake is contrary to the recognition of the defendant, and there is no history of criminal punishment heavier than the fine due to the same crime.

. These circumstances.

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