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(영문) 광주지방법원 목포지원 2018.06.22 2018고단301
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On October 13, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 as a crime of violating the Traffic Act on the grounds of violation of the Road Traffic Act in the Gwangju District Court's Support on October 13, 2009. On September 9, 2013, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Traffic Act (unlicensed Driving) at the Gwangju District Court's Branch on February 20, 2014. On February 20, 2014, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the same court on November 10, 2014 during the suspended sentence, and the sentence became final and conclusive on June 25, 2015 and completed the suspended sentence.

[2] On March 31, 2018, the Defendant driven an Funst Cargo Vehicle without obtaining a driver’s license, while under the influence of alcohol leveling approximately 0.186% from around 400 meters to the front road of the Defendant’s residence in Yong-gun, Namnam-gun, the Republic of Korea, at around 12:30 on March 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Notification of the results of the crackdown on driving of alcohol, on-site crackdown photographs, investigation reports (the results of the formal application of the suspect mark), and the register of driver's licenses;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same type of power and the records of repeated crime), summary order, copy of judgment, copy of judgment, and the current status of acceptance of each individual;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant confessions and reflects the crime of this case.

However, the defendant is relatively old.

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