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(영문) 광주지방법원 순천지원 2016.04.27 2015고단2447
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 record] On December 26, 201, the Defendant was issued a summary order of KRW 2 million for the same crime in the Gwangju District Court’s Net Branch on the same day, and on November 24, 2015, the Defendant issued a summary order of KRW 5 million for the same crime in the same court, etc. three times.

[2] On November 27, 2015, the Defendant driven a BM5 vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.059% from the section of approximately 1 Km of 1 Km in the direction of the same Sin-dong Non-U. SP5-10, which is located in the 869-10, SP-26, SP5.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (inform No. 4 copies of a summary order);

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. An order to attend a lecture or an order to attend a community service order has many previous convictions of the same kind that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act (three times of drinking driving and one time of driving without obtaining a license), and there is no record of being punished for a more favorable suspension of execution than a normal one, since the same vehicle continues to drive alcohol again and has no record of being sentenced to punishment for the crime of this case, and the crime of this case is led to the confession and reflect of the crime of this case and the other defendant's age, sexual behavior, circumstances after

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