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(영문) 광주지방법원 순천지원 2015.11.27 2015고단1330

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2011, the Defendant received a summary order of KRW 1 million for a fine for a violation of the Road Traffic Act from the Gwangju District Court's office, and issued a summary order of KRW 4 million for the same crime in the same court on July 10, 2013.

On July 6, 2015, at around 23:45, the Defendant driven a Cchier car owned by the Defendant without obtaining a driving license at a distance of approximately 100 meters from around 100 meters to the front road of other fish banks located in the same Dong, which is located in the Doncheon-si Municipal Ordinance (hereinafter referred to as “Seoul-do Municipal Ordinance”).

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are that the defendant has committed the same kind of crime on several occasions, and the drinking water is not lowered.

Provided, That the same sentence as the order shall be determined in consideration of the fact that the defendant has no criminal record of imprisonment or heavier and has not paid a traffic accident due to drinking driving.