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(영문) 광주지방법원 2016.09.22 2016고단2355

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 11, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of road traffic law at the Gwangju District Court, and a fine of KRW 1.5 million by the same court on May 28, 2013.

On May 26, 2016, at around 06:49, the Defendant driven a Do-type 1 apartment complex located in Geumho-dong, Seo-gu, Seo-gu, Gwangju, with approximately 4km section from the front of the apartment complex to the front of the Dong-dong, Gwangju-gu, Gwangju-gu, with a blood alcohol concentration of at least 0.086% while under the influence of alcohol without a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that there exists a history of punishment several times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no criminal conviction heavier than fines, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).