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(영문) 광주지방법원 2016.02.04 2015고단4831

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

On July 23, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on July 23, 2007, a fine of two hundred thousand won for the same crime in the same court on December 12, 2008, and a fine of five million won for the same crime in the same court on April 11, 2014.

On November 13, 2015, at around 23:10, the Defendant driven a C-ero vehicle under the influence of alcohol level of 0.146% while under the influence of alcohol level of 0.146%, without obtaining a driver’s license from the front side of the “self-managed hospital” in the North-gu, Gwangju to the front side of the “self-managed hospital” to the front side of the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy 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 (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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had already been punished three times due to drinking driving prior to the instant crime; (b) the Defendant’s blood alcohol concentration was high; and (c) the Defendant’s blood alcohol concentration was high.

On the other hand, the defendant's act of driving the above vehicle seems to be due to the fact that the substitute driver who had driven the defendant's vehicle at the time left the vehicle on the street, the driving distance is short, and the defendant has no more penalty than a fine.

In this normal relationship, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, health conditions, circumstances after the crime, and the circumstances after the crime.