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(영문) 광주지방법원 2016.05.10 2016고단680

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 April 16, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 4, 2015, the same court issued a summary order of KRW 5 million as a fine for the same crime.

On February 27, 2016, the Defendant driven a Cub car at the section B of about 5 km from the 464-day Masan-ri to the Masan-ri Masan-ri, if he was under the influence of alcohol by 0.054% during blood while under the influence of alcohol at around 09:55 on February 27, 2016, the Defendant driven a Cub car at the section B of approximately 5 km at the entrance of the same military school.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Electronic data (license registers, teas, and mandatory insurance);

1. Previous convictions: Inquirys such as criminal history and application of summary order-related 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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered by the defendant shall be determined by comprehensively taking into account the defendant's records of punishment for drinking alcohol (the same as the previous conviction stated in his/her judgment as drinking driving), driving distance, alcohol concentration in blood, and other conditions of all the sentencing shown in the pleadings of the case, including the defendant's age, sex, criminal conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime.