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(영문) 광주지방법원 순천지원 2015.11.23 2015고단1544
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 11, 2011, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on July 11, 201. On September 4, 2013, the Defendant was sentenced to a fine of 5 million won for the same crime in the same court.

【Criminal Facts】

The defendant is a person who drives a wing-off cargo vehicle.

On August 5, 2015, at around 20:50, the Defendant driven the said vehicle at approximately 0.236% under the influence of alcohol without the driver’s license, from the front of the restaurant on the mutual influorial luorial luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric luoric lu

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (in addition to the same criminal records, three copies of summary orders), and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the same Act applicable mutatis mutandis to the crimes, and subparagraph 1 of Article 152 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that the Defendant had been punished several times for the same kind of crime, and that the blood alcohol concentration is very high to 0.236%, etc.

However, there is no record that the defendant has led to the confession and reflect of the crime of this case, there is no history of punishment for the suspension of execution or more yet, and other favorable circumstances, such as the scrapping of the vehicle of this case, the age, character and conduct, family relationship, and circumstances after the crime.

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