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(영문) 광주지방법원 2018.11.29 2018고단3910
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 30, 2013, the Defendant was sentenced to a fine of 5,00,000 won for a crime of violating the Road Traffic Act at the Gwangju District Court on January 30, 201, and on November 24, 2016, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court on November 24, 2016, on two or more occasions.

On June 30, 2018, under the influence of alcohol level of 0.147% in blood without a vehicle driver's license, the Defendant driven a 400-meter E-Wone Star Co., Ltd. from the front Do of Gwangju Northern apartment B to the front road located in Gwangju Northern-gu C without a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. An explanatory note;

1. Previous convictions in judgment: References to inquiries, application of each judgment, and applicable statutes;

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. Selection of imprisonment with prison labor chosen;

1. Taking into account all the circumstances, including the fact that the Defendant committed the instant crime even though he/she was punished by a fine for a non-licensed driving crime committed during the period of suspension of imprisonment for the same kind of crime, and that the alcohol concentration level in blood is considerably high, as well as the fact that the Defendant was punished by a fine for a non-licensed driving crime during the period of suspension of imprisonment for the same crime

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