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(영문) 광주지방법원 장흥지원 2016.05.19 2016고단39
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 July 27, 2010, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving) in the support of the Gwangju District Court on July 27, 2010, and on May 2, 2014, the Defendant was sentenced to a fine of two million won for a violation of road traffic law (drinking driving) in the Southern Branch of the Gwangju District Court.

[2] On February 17, 2016, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol not less than twice, driven B Poter II cargo vehicle under the influence of alcohol without the driver’s license in the direction of approximately 0.056% of alcohol level in the middle of the three-lane distance in the same military, from the roads near the hospital in the same Madro in the same Madro-dong of Gangseo-gu, Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City on February 17, 2016 to the roads front of the three-lane distance in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, report on the situation of a driver without a license, inquiry into the results of crackdown on the driving of alcohol, report on the situation of driving in driving in driving, inquiry of the driver's license, notification of the results of crackdown on

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (fix of copies of summary orders);

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 is against the fact that the defendant's mistake is recognized and has been punished for more than a suspended sentence until now.

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