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(영문) 광주지방법원 2018.08.16 2018고단2359
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 24, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on December 24, 2009, and a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court on March 15, 2016.

On June 8, 2018, under the influence of alcohol level of 0.166% in blood without a vehicle driver's license, the Defendant driven a 200-meter Category C rocketing car from the French Do located in the Southern-dong of Gwangju Mine-gu to the front road of the fourth city in the Southern-dong of Gwangju Mine-gu without a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, each summary order, and each statute;

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. The crime of this case was committed in addition to the previous convictions, including the previous convictions indicated in the reasoning of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity, and even though they were under the period of suspension of imprisonment for the same kind of crime, taking into account all the circumstances, such as the fact that the defendant's mistake is recognized, the alcohol concentration value, driving distance, etc.

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