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(영문) 광주지방법원 순천지원 2017.05.18 2017고단437

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million in the same court on December 10, 2010, and a summary order of KRW 5 million in the same court on February 3, 2015 as a crime of violating the Road Traffic Act (drinking driving).

On March 12, 2017, the Defendant, while under the influence of alcohol at around 01:00, operated a motor vehicle with 0.140% alcohol level from the front side of the Stop in the Stop-si in the Stop-si in the Stop-si, and from around 50 meters to the front road of the same Namyang apartment 105.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiries about criminal history, investigation reports (verification of the same kind of force), and application of three copies 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;

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 punishment to prevent recidivism is determined by comprehensively taking account of the defendant's age, environment, etc., as well as the criminal records of the same crime (not less than three times a fine for drinking driving, not less than imprisonment without prison labor, and not less than imprisonment), the previous criminal records, interval of time, drinking level, drinking driving circumstances, etc. with the previous criminal records and the previous criminal records, and the fact that the defendant does not repent and repeat the crime; and other conditions of sentencing to prevent recidivism, including the defendant's age, environment, etc.