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(영문) 광주지방법원 순천지원 2016.06.29 2016고단14

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued, respectively, a summary order of KRW 3 million on March 25, 2013, and a summary order of KRW 2 million on August 19, 2015, in the Gwangju District Court’s Netcheon Branch.

[Criminal facts] On October 21, 2015, the Defendant driven a Bknife vehicle owned by himself under the influence of alcohol content of 0.103% without obtaining a driver’s license from approximately 15 meters to the front road of the 2-lane 63, North East-si, Chungcheongnam-si, 2015, on the front road of the house located in the 81-lane 81, North-si, 2015.

Summary of Evidence

The defendant's oral statement report, evidence photographs, inquiry about the result of crackdown on drinking driving, previous records on the register of driver's licenses, such as criminal records, and a copy of a summary order, shall be applied to the defendant's oral statement, and three copies of the summary order.

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the fact that he/she has been punished three times due to drinking driving, re-offendered in two months after he/she has received a summary order, and the fact that the defendant reflects the wrongness)

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