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(영문) 광주지방법원 목포지원 2017.01.13 2016고단1362

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant was issued a summary order of KRW 100,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden Branch on January 13, 2015, and a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court on August 25, 201

On August 28, 2016, at around 21:45, the Defendant driven a BM5-car without a driver's license from about 1km section to the front road of the lux gas station located in the luxian city in the same luxury in the middle of the luxury in the 1st century.

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries about the results of regulating drinking driving, driver's license register, criminal history, etc. (A), investigation report (report attached to the previous summary order) and investigation report (report attached to such previous summary order);

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. 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;