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(영문) 광주지방법원 순천지원 2016.11.16 2016고단1498

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 20, 2009, the Defendant is a person who was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on April 20, 200, and a fine of KRW 5 million as a fine in the same court on August 26, 2015.

On May 23, 2016, at around 22:32, the Defendant, without a driver’s license, driven a 3 km truck from the front day of the week in which he was unable to know the trade name in the summer-dong at the time of drinking, without a driver’s license, at around 0.144 percent of blood alcohol level, to the front day of the new flag hospital at the same time.

Summary of Evidence

Defendant’s legal statement

In the case of previous records on the statement of the state of drinking drivers, inquiry into the control of drinking driving, and the register of driver's licenses: the application of the Act and subordinate statutes to criminal records, investigation reports (report on the confirmation of the previous records of disposition and the date of release);

1. Relevant provisions of Article 148-2 (1) and (1), Article 44, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Suspension of execution under Article 62 (1) of the Criminal Act (including the facts that the defendant reflects the mistakes and the criminal records of fines for drunk driving);

6. Social service order under Article 62-2 of the Criminal Act;