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(영문) 광주지방법원 순천지원 2017.07.13 2017고단918

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 April 28, 2015, the Defendant was issued a summary order of KRW 3,50,000,000 for a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million for a violation of the Road Traffic Act on December 12, 2016, respectively, in the Gwangju District Court’s Netcheon Branch of Gwangju District Court on April 28, 201.

Nevertheless, on April 8, 2017, the Defendant, without a driver’s license of a motor vehicle around 17:05, driven a stack without a vehicle numbering from approximately 5 km section to the upper distance in the same city of 0.243% of alcohol content in the blood, from the front of the Defendant’s house located in Ycheon-si B while under the influence of alcohol at a level of 0.243%.

Accordingly, the Defendant, without a driver's license, driven a motor motor bicycle, which is not covered by automobile mandatory insurance, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A traffic accident report;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the confirmation of criminal history of the suspect even if the suspect has committed an offense), application of Acts and subordinate statutes attached to summary order two

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 defendant's records of the same crime for the reason of sentencing under Article 62-2 of the Criminal Act, the drinking volume of this case, and the driver's license of the defendant was obtained.