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(영문) 광주지방법원 순천지원 2016.10.06 2016고단1247
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

On April 2, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on April 2, 2013, and a summary order of KRW 3.5 million for the same crime in the same court on November 24, 2014.

The defendant is a driver of the BDama car.

On June 23, 2016, at around 22:15, the Defendant, without a driver’s license, driven a BDama car from approximately 700 meters away from the front of the public restaurant located in the ordinance-dong of the net City of 0.119% under the influence of alcohol without a driver’s license, to the front road of the YYY.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. To determine the punishment as ordered in order to prevent recidivism by taking account of the criminal records of the same kind of crime (two times of sound driving and one time of unauthorized driving), drinking volume, etc. of the accused for the reason of sentencing under Article 62-2 of the Criminal Act;

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