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(영문) 광주지방법원 2016.11.03 2016고단3338
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 of the final judgment.

Reasons

Punishment of the crime

On July 1, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 1, 201, the same court on July 9, 2012, and the fine of two million won for a violation of the Road Traffic Act (driving). On April 15, 2016, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 15, 2016.

On July 31, 2016, at around 21:39, the Defendant driven D freight vehicles with approximately 50 meters alcohol concentration 0.084% under the influence of alcohol without obtaining a driver's license from the front of the Advanced District in the Gwangju Mine-gu to the front road in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (related criminal records and attachment of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The sentencing of Article 62-2 of the Criminal Act requires the full consideration of all the sentencing conditions shown in the arguments of this case including the defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., and the criminal defendant's records of the punishment for drunk driving (the punishment shall be imposed three times, such as the record before and after the market was made), driving distance, blood alcohol level, and other criminal records.

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