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(영문) 광주지방법원 순천지원 2018.07.19 2018고단1277
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

[2] On March 15, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violation of road traffic law (unlicensed driving) in the Gwangju District Court's net support on March 15, 2016; on March 29, 2016, for a crime of violation of road traffic law (unlicensed driving); and on May 25, 2017, for a crime of violation of road traffic law (drink driving), the Defendant was sentenced to imprisonment with prison labor for 6 months in the Gwangju District Court's Netcheon Branch for a period of 2 years, which became final and conclusive on June 2, 2017.

[Criminal facts]

1. On May 5, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) on the road: (a) on May 5, 2018, the Defendant driven a 49cc occ occin, without obtaining a motor device license from approximately 2 km section from the head of the Defendant’s house located in Mineyang-si C to the 73rd-ro, Gyang-si, Goyangyang-si.

2. On May 6, 2018, the Defendant violated the Traffic Act (driving without a license) and the Traffic Act (driving of alcohol) on the road: (a) on May 6, 2018, the Defendant driven a bicycle with the motor device specified in paragraph (1) while under the influence of alcohol of about 0.328% of alcohol content in the middle apartment of approximately 220 meters from the day front of the day on which the flasium 73, in light of the glasium, in light of the glasium, in front of the day on which the flasium 73, in light of the glasium, is situated, to the day on which the glasium

Accordingly, the defendant, who has a driving power of drinking not less than twice, has driven a motor bicycle without obtaining a motor device bicycle license under the influence of alcohol.

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 an inquiry letter, investigation report (the text of the judgment and attachment of summary order), such as criminal history;

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

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

1. Selection of penalty on May 2018

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