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(영문) 광주지방법원 2019.08.22 2019고단2193
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 15, 2018, the Defendant issued a summary order of KRW 1.5 million at the Gwangju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Gwangju District Court on January 16, 2009, respectively.

【Criminal Facts】

On April 23, 2019, at around 22:34, the Defendant driven a e-coo vehicle under the influence of alcohol concentration of about 0.164% without obtaining a driver's license from around the C cafeteria located in Gwangju Mine-gu, to the roads near the Jeonnam-gun D-gun.

Summary of Evidence

1. Legal statement of the defendant, notification of the result of crackdown on drinking driving, and inquiry about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous conviction: Application of a reply to inquiries, such as criminal records, and attaching a summary order of the same kind of power (including two copies of the summary order attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The defendant shall be punished by imprisonment with prison labor at a time, taking into account the fact that the defendant's reasoning for sentencing under Article 62-2 of the Criminal Act, including the criminal records as stated in the judgment of the court below, has been punished three times since 2005 or more for drinking, and that it is difficult to see that the distance between the previous drinking driving force

In addition, the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct of the defendant, environment, circumstances after the crime, etc. shall be determined as ordered by the Ordinance.

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