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(영문) 광주지방법원 2017.12.19 2017고단4425
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 21, 2009, the Defendant issued a summary order of KRW 2 million on July 21, 2009 due to a violation of road traffic law (drinking driving) at the Daejeon District Court Branch of Daejeon District Court, and on September 2, 2013, the Jeju District Court issued a summary order of KRW 7 million due to a violation of road traffic law (drinking driving).

On April 6, 2017, the Defendant driven a D body-man car under the influence of alcohol concentration of about 0.076% in a section of about 2km from the 10km-si to the front road of the house located in Seopopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

around 11:20 on August 23, 2017, the Defendant driven a D body-wide car with alcohol concentration of approximately 0.20% during blood without a vehicle driver's license from the 100-km section before the south-gun National Highway 24m in front of the front of the Dognam-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the roads located in the 100-distance Seoul Special Metropolitan City.

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

Summary of Evidence

"2017 Highest 4425"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A survey report on actual conditions;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of drinking driving records, etc.) 2017 Highest 4543;

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

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

1. Application of Acts and subordinate statutes to the driving license ledger;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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