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(영문) 광주지방법원 장흥지원 2016.05.26 2016고단44

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

[criminal history] On June 11, 2010, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law in the Gwangju District Court’s interest support, etc. on October 8, 2014, a summary order of KRW 4 million for the same crime in the same court on October 8, 2014, and a summary order of KRW 7 million for the same crime in the same court on November 5, 2014, respectively.

[2] On March 16, 2016, the Defendant was driving a B Sspo-type car under the influence of alcohol content 0.193% under the influence of alcohol while under the influence of alcohol content 0.193%, without obtaining a driver’s license in approximately 8km section from the Do in front of the Seoul Spo-gun, Seocheon-gu, Chungcheongnam-do, Seoul, Seoul, the Seoul, to the front road of the Taecheon-gu, the same military branch.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver placed in driving, a report on the situation of a driver placed in driving, a inquiry about the results of regulating the driving of drinking, a driver's license, a notice of correction completion, a notification of the results of crackdown on the driving of drinking, an inquiry, and an investigation report (a copy of an

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a corresponding punishment in light of the fact that the defendant again committed the instant crime even though he/she had a record of punishment for the same kind of crime several times.

However, it includes the circumstances favorable to the defendant, such as the fact that the defendant's mistake is against himself and there is no record of punishment more than the suspended sentence until now.