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(영문) 광주지방법원 순천지원 2017.05.17 2016고단2854
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 10, 2009, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's pure support on April 10, 2009, and on March 12, 2010, the above court was sentenced to imprisonment for eight months and two years of suspension of execution.

On November 30, 2016, the Defendant, around 23:41, 2016, driven Calburged car with alcohol content of about 0.175% while under the influence of alcohol content from approximately 2km to the front of the Jeju-style apartment, while driving the Calburged car in the state of under the influence of alcohol content of about 0.175%.

As a result, the Defendant once or more times driven a motor vehicle while under the influence of alcohol.

around 22:53 on March 18, 2017, the Defendant driven a e-car under the influence of alcohol content of 0.092% in alcohol while under the influence of alcohol without obtaining a driver's license from the front of the Defendant's residence located in the D at the summer-si to the front of the Dowon-dong located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of each driving driver, and inquiring about the results of regulating drinking driving;

1. The driver's license ledger (No. 7 No. 2017 order No. 581 case list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (verification of criminal history of the same type), two copies of a summary order, and a sentence 1 copy of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act on March 18, 2017) and a crime of violating the Road Traffic Act (a licenseless driving) and a crime of violating the Road Traffic Act on March 18, 2017; and a punishment provided for in a crime of violating the Road Traffic Act on March 18, 2017, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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