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(영문) 광주지방법원 순천지원 2016.11.09 2016고단1739

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four 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

【Criminal Power】 On June 28, 2016, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on June 28, 2016, and at least three persons of the same kind of force.

【Criminal Power】 On August 25, 2016, at around 21:00, the Defendant driven Baba while under the influence of alcohol at approximately 0.196% of alcohol alcohol concentration without obtaining a motorcycle license from the front of the Jin-dong Do, Jin-dong, Jin-dong, Jin-dong, Seocheon-dong, to the front of the mountain middle school located in the same city Pung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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. The punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that the instant crime was committed again only once a month after the person was sentenced to a fine due to the same kind of offense for sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol content is considerably high, etc., or the fact that the Defendant recognized and reflects the crime, the fact that the Defendant appears to have scrapped theme, the fact that the Defendant seems to have no record of suspended execution or more, and other favorable conditions of sentencing, such as the fact that there is no record of punishment