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(영문) 광주지방법원 2016.08.18 2016고단2258

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 December 23, 2011, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Gwangju District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on May 18, 2012.

On June 8, 2016, around 21:50, the Defendant driven a BM520-car under the influence of alcohol leveling 0.195% while under the influence of alcohol leveling 0.195%, without obtaining a driver’s license, from the front of the Hob apartment site located in the high-tech 2 district of Gwangju North-gu, Gwangju, to the front of the annual intersection in the same Gu-dong, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

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. In full view of the defendant's records of punishment for the like crime of the defendant for sentencing under Article 62-2 of the Criminal Act (the previous record of judgment, the two times for drinking driving, and one time for driving without a license, other than the previous record of punishment), driving distance, alcohol concentration in blood, and other conditions of punishment specified in the arguments of this case, such as the defendant's age, sex behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered.