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(영문) 광주지방법원 순천지원 2016.11.23 2016고단1626

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

Reasons

Punishment of the crime

[criminal power] On July 31, 2006, the Defendant issued a summary order of KRW 700,000 as a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch Branch Branch Branch, and on November 18, 2015, a summary order of KRW 3 million as a fine for the same crime was issued.

【Criminal Facts】

On August 4, 2016, the Defendant, without obtaining a driver’s license at around 07:59, driven a B rocketing car from around 80 km section to the road in front of the water supply and drainage office of the Goung-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun, Goung-gun, a 264-gu, Gwangju, under the influence of alcohol level of 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Report on the circumstances of unregistered driving, the register of driver's licenses, and inquiries about the disqualification of the main office;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there are several records of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, etc. of the order to attend a lecture, etc. shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant recognizes and reflects the crime, the fact that the defendant seems to dispose of the operated vehicle, the fact that there is no record of suspended execution or more