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(영문) 전주지방법원 남원지원 2016.02.02 2015고단272

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 26, 2011, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 16, 2015, a summary order of KRW 6 million for the same crime in the support of the Southern District Court at the Jeonju District Court.

around 06:00 on November 19, 2015, the Defendant driven a B B B B B B motor vehicle while under the influence of alcohol content of 0.101% without a driver’s license at a section of about 5 km away from the roads at a point of about 76.2km away from the Do in the vicinity of the Yong-dong in Gwangju-gu, Gwangju to a point of 76.2km away from the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (former and attachment of the 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Attending Education, notwithstanding the fact that the defendant had been punished for driving under drinking twice again, re-offending is committed. The fact that the defendant had been driving without a license despite having been revoked due to the previous crime of driving under drinking is that the defendant was disadvantageous to the defendant.

However, the defendant reflects his mistake in depth, the defendant does not have any criminal record other than a fine, and the defendant's person.