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(영문) 광주지방법원 2016.03.03 2015고단4972

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 30, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 3, 2010.

On December 14, 2015, at around 22:02, the Defendant driven B car at the vicinity of the G-dong community service center in Gwangju Northern-ro, 51, while under the influence of alcohol by 0.18% without a driver's license, at around 22:02.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries and application of summary order Acts and subordinate 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. 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. In full view of the following: (a) the Defendant’s records of the punishment for drinking and non-licensed driving for the reasons of sentencing under Article 62-2 of the Criminal Act (not less than four times due to drinking driving from 2003 to 2010; (b) driving distance; (c) driving distance; (d) alcohol level; (d) blood alcohol level; and (d) the Defendant’s age, sex, sex, environment, health conditions; (e) details of the crime; and (e) the circumstances after the crime, etc., all the sentencing conditions specified in the arguments in the instant case shall be determined as ordered.