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(영문) 광주지방법원 순천지원 2018.11.16 2018고단1497
도로교통법위반(음주운전)등
Text

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

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

1. On June 29, 2018, the Defendant driven BM520 vehicles under the influence of alcohol concentration of about 0.125% while under the influence of alcohol level 0.125%, without obtaining a driver’s license, from the Gamyang apartment parking lot to the Gamyang-si public waters around 22:30 on June 29, 2018.

2. On September 17, 2018, the Defendant driven BM520 automobiles while under the influence of alcohol leveling 0.128% while under the influence of alcohol leveling from approximately 200 meters to the front road of the Mayang Green Hospital located in the Mayang-dong from the Do in front of the permanent market for drinking on September 17, 2018.

Summary of Evidence

1. The defendant's oral statement "2018 highest 1497";

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The 2018 Highest 2008 Motor Vehicle Driver's License Ledger;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Traffic Act (the point of driving without a license) concerning each of the roads;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Sentencing sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend, takes into account the following circumstances into account: (a) the Defendant’s previous convictions for drinking, twice a non-licensed driver’s previous convictions; and (b) the Defendant has repeatedly committed the crime of drinking and non-licensed driving within a short time period.

On the other hand, the distance driven by the defendant at the time of each of the crimes in this case is shorter, and the defendant reflects his mistake.

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