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(영문) 광주지방법원 순천지원 2016.10.19 2016고단804

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

[criminal power] On January 22, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving on May 21, 2007), by the same court on October 11, 2007, the same court issued a fine of KRW 700,000 as a fine for a violation of the Road Traffic Act (Non-licensed Driving) at the same court on November 30, 2012, respectively.

【Criminal Facts】

On May 12, 2016, at around 07:44, the Defendant driven B Poter Cargo at approximately 2 km section of approximately 0.064% of blood alcohol concentration without a vehicle driver’s license, from the front of the Hanyang-si B B Poter, to the front road of the Sejong-si, Gwangju-si, Goyangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) 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. Determination of the sentence like the order shall be made in consideration of unfavorable circumstances, such as the probation and order to attend a lecture, the fact that the same record of sentencing under Article 62-2 of the Social Service Order can be achieved, or favorable circumstances such as the defendant's recognition of and reflects on the crime, the fact that the defendant has no record of suspended execution or more