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(영문) 광주지방법원 순천지원 2015.10.19 2015고단1451

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

[Majority Power] On January 6, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on January 6, 2010, and was sentenced to a fine of three million won for the same crime in the same court on October 14, 2014.

【Criminal Facts】

On July 15, 2015, at around 21:35, the Defendant, without a driver’s license, driven a two-way vehicle under the influence of alcohol with a blood alcohol content of about 0.109% at a distance of about 500 meters from the street front of the original raw ginseng distance in the Yong-gu, Yong-dong at the same time and front of the tidelandbol-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached to the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has the record of being punished three times for drunk driving and two times for unlicensed driving, and the fact that the Defendant’s blood alcohol content was high at the time of the instant crime is disadvantageous to the Defendant, or that the Defendant led to the confession of the instant crime and reflect in depth, and that the Defendant has no record of being sentenced to a suspended sentence or heavier punishment is favorable to the Defendant.

In addition to these points, the sentence is imposed as ordered in consideration of all the circumstances that serve as the conditions for sentencing as shown in the records and arguments of this case.