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(영문) 광주지방법원 순천지원 2018.12.14 2018고단2358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal experience] On May 24, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the Gwangju District Court’s net support on May 24, 2010; on December 1, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law in the Changwon District Court’s common support on December 1, 2014; on October 20, 2017, the Defendant was sentenced to imprisonment for one year and two months for a suspended sentence and two years for a suspended sentence as of October 28, 2017.

[2] On September 9, 2018, at around 21:50, the Defendant driven a C windowsom vehicle in the state of under the influence of alcohol concentration of 0.248%, without obtaining a driver’s license from approximately 2km section from around 20-2:0,000 to about 47:0:00,000 in the front of the 3rd 19-2nd road in the summer-si 1,00,000.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a judgment of drinking driving), and statutes;

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

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

1. The punishment as ordered is determined by comprehensively taking into account various circumstances shown in the arguments in this case, including the following: (a) the fact that a number of accidents have occurred while driving reversely in the condition where the reason for sentencing selective sentencing of a sentence of imprisonment is met; (b) the fact that the defendant commits a second offense during the period of suspension of execution; and (c) the defendant commits a second offense; and (d) the age, sex, family relationship, environment, details and result of the crime; and (d) the circumstances after the crime.

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