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(영문) 광주지방법원 2016.04.07 2016고단459

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 28, 2015, and on November 11, 2015, for the same crime in the wooden Branch of the Gwangju District Court on November 11, 2015.

On January 6, 2016, at around 02:50, the Defendant driven a B-in car under the influence of alcohol content of 0.108% while under the influence of alcohol without obtaining a driver’s license from approximately 5km section from the front day of the mutual infriju-dong, Seo-gu, Gwangju to the 130-ro, Dong-gu, Dong-gu, Gwangju to the front day of the 5km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the register of drivers' licenses;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

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. 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. The fact that there exists a record of serving several times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol level is high: Provided, That there is no criminal record exceeding a fine, and the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.