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(영문) 광주지방법원 목포지원 2018.10.12 2018고단501
도로교통법위반(사고후미조치)등
Text

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

Reasons

Punishment of the crime

On April 24, 2012, the Defendant was sentenced to six months of imprisonment for the violation of the Road Traffic Act (drinking driving) and the violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on November 22, 2017. On November 22, 2017, the Defendant was sentenced to eight months of imprisonment for the violation of the Road Traffic Act (dacting driving), violation of the Road Traffic Act (dacting driving), violation of the Road Traffic Act (dacting driving) and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (dacting Driving), and completed the execution of sentence

The defendant is a person who is engaged in driving a B car rental car.

On April 23, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on April 20:45, 2018, proceeded with the road located in the area of the Chynam-gun in the area of the Chynam-gun of the Haan-gun, an area of the Chynam-gun, the 0.091% alcohol level of the blood alcohol level of the blood.

At night, the driver's duty of care is required to drive safely by accurately operating the steering gear and the steering system while viewing the steering room and the right and the right of the person engaged in the driver's duty of care.

Nevertheless, the Defendant neglected this and did not take necessary measures, such as stopping the roadside trees, which were on the right side of the road while under the influence of alcohol, in front of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the 197,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. On-site photographs;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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