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(영문) 광주지방법원 2016.03.17 2016고단105

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 30, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on April 30, 2007, and was sentenced to a fine of KRW 3 million for the same crime in the same court on March 13, 2012.

On January 8, 2016, at around 23:50, the Defendant driven a B-hand car under the influence of alcohol concentration of 0.123% while under the influence of alcohol level, without obtaining a driver's license, from around the Do in front of the Do in front of the G-gu in Gwangju, to the apartment in front of the apartment who was a transferee who was aware of his trade name near the Scambus.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries such as criminal history and text of judgment, and of five copies of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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, comprehensively taking account of the defendant's records of drinking and punishment for unlicensed driving (not less than four times from 2003 to 2014 due to drinking driving, not less than a fine, and not more than one time due to a non-license driving), driving distance, blood alcohol concentration, the defendant's age, sex, sex, environment, health conditions, the circumstances after the crime, etc., and all the sentencing conditions specified in the arguments in the instant case shall be determined as ordered.