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(영문) 광주지방법원 2015.09.24 2015고단3011

도로교통법위반(음주운전)등

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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 of the final judgment.

Reasons

Punishment of the crime

On September 3, 2012, the Defendant was sentenced to a fine of KRW 7 million by the Gwangju District Court on September 3, 2012, and a fine of KRW 2 million by the Gwangju District Court on May 18, 2015.

On June 26, 2015, at around 23:58, the Defendant driven a B rocketing car from the front day of the El branch factory located in the Triju-dong to the front day of the Triju-dong Korean Communications History, while under the influence of alcohol by 0.168% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (attached to the judgments of the same kind of case) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act, the defendant caused a traffic accident due to the drinking driving of the instant case, the defendant's drinking and unlicensed driving power (the drinking driving of 2002, 2003, 2005, 2012, 2015, 5, 2003, 2004, 2005, 2005 and 3 times as the drinking driving under the influence of alcohol), driving distance, blood alcohol density, the defendant's age, character and behavior, environment, health conditions, the circumstances after the crime, etc. shall be comprehensively considered, and the sentence shall be determined as ordered.