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(영문) 광주지방법원 해남지원 2018.07.12 2018고단155
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 28, 2002, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act (Refusal of measurement of drinking), the summary order of KRW 1.5 million for the same court on August 17, 2013, the summary order of KRW 2 million for the same court on August 23, 2013 for the crime of violating the Road Traffic Act (driving). On May 2, 2016, the Defendant was sentenced to a summary order of KRW 6 million for the same court on May 30, 201 for the crime of violating the Road Traffic Act (driving). On June 30, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months and a suspended sentence of one year for the same court on June 30, 2016.

[2] On April 10, 2018, around 20:05, the Defendant driven a D amount e-sports car under the influence of alcohol content of about 0.123% while under the influence of alcohol without obtaining a driver’s license from a distance of about 1km to the front road of the office of the Nowon-gu, Nowon-do located in the 17th-ro, Nando-Eup, Nando-Eup, Nando-ro, Seoul, about 2018 at a distance of about 1km from the front of the 17th-lane restaurant to the front road of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, copy of the judgment, and copy of each summary order, such as criminal history;

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

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

1. Although the Defendant had been punished several times due to drinking and non-licensed driving, the Defendant again committed the instant crime as long as the period of probation due to non-licensed driving was too excessive.

The defendant has been sentenced to a fine on several occasions and the risk of committing a crime without a license for drinking and a suspended sentence.

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