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(영문) 광주지방법원 2017.01.19 2016고단4608
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 15, 2016, the Defendant driven B rocketing car under the influence of alcohol content of at least 0.137% while under the influence of alcohol without obtaining a driver’s license in the 1km section from the west-dong of Gwangju Mine to the traffic IC road located in the same Gu and in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, community service order and order to attend a lecture, and all of the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentencing guidelines shall be determined as ordered (the sentencing guidelines shall not apply to a crime for which no sentencing guidelines have been established). Unfavorable circumstances: (a) was punished by a fine due to drinking driving in 2001, and without obtaining a license again after the driver’s license was revoked, there was a record of being punished by a fine of KRW 3 million for a non-licenseed driving in 204.

In this Court 2016 High Court 1948, the court committed the instant crime without being aware of the fact that the trial was in progress.

In blood, alcohol concentration is high.

The favorable circumstances are against the principle of good faith.

The instant crime did not lead to a traffic accident.

There is no record of punishment for drinking driving since 2001.

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