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(영문) 광주지방법원 순천지원 2018.11.29 2018고단2051
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On February 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Gwangju District Court's net support on February 28, 2008 and KRW 5 million for the same crime in the above court on September 8, 2015.

[Criminal facts] On October 2, 2018, the Defendant driven a Bkn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

As a result, the Defendant, who violated the prohibition of drinking, was driving a motor vehicle under the influence of alcohol more than twice, and was driving a motor vehicle without a license at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (two times before and after drinking);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Selection and punishment of imprisonment at once with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into account the defendant's records of punishment for drinking and the distance between punishment records, etc., but the punishment exceeding the fine is not possible, and the punishment shall be determined as ordered in consideration of the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the defendant's age, sex behavior, environment, circumstances after the crime, etc.

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