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(영문) 광주지방법원 순천지원 2017.04.28 2016고단2822

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 8, 2011, and was issued a fine of KRW 2.5 million for the same crime on February 18, 2016.

(2) On December 5, 2016, the Defendant: (a) driven a B rocketing car under the influence of alcohol leveling 0.147% without obtaining a driver’s license from the front of the main point of view to the front road of the Gu White Zone, which is located in the same em-dong from the front of the main point of view; and (b) the Defendant driven a B rocketing car under the influence of alcohol leveling 0.147% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, as well as Articles 148-2 (1) 1, 152 (1), and 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence as ordered is determined by comprehensively taking into account the following circumstances: (a) the Defendant was sentenced to a fine of the same kind for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s reflectiveness; and (c) the Defendant’s age, sex, family relationship, environment, circumstances and result of the crime; and (d) the circumstances after the crime was committed.