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(영문) 광주지방법원 2016.03.31 2016고단243
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 June 16, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Gwangju District Court for a crime of violating the Road Traffic Act, and a fine of KRW 6 million by the same court on January 14, 2015.

On January 10, 2016, at around 15:30, the Defendant driven a B car with alcohol content of about 0.202% while under the influence of alcohol without a driver’s license from the 20-meter section of the funeral hall in front of the funeral hall in the Southern-gun, and from the 20-meter section of the gas station to the road front of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, the defendant's records of punishment for drinking and non-licensed driving (such as the first head's previous record in the judgment, two times due to drinking driving, one time due to non-licenseing driving, and no more than a fine, shall have the same record of punishment), driving distance, alcohol concentration in blood, and other criminal defendant's age, sex, sex, environment, health conditions, the circumstances after the crime, etc., shall be comprehensively considered and all the sentencing conditions specified in the arguments in the instant case shall be determined as ordered.

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