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(영문) 광주지방법원 순천지원 2016.09.21 2016고단736
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 5 million on January 29, 2013 to a fine of KRW 5 million due to drinking, etc. at the support of the Jeonju District Court, and on August 19, 2015, to a punishment of violation of road traffic law (drinking driving) in the Netcheon Branch of the Gwangju District Court on August 19, 2015, and was sentenced to 10 months of imprisonment and 2 years of suspended execution. The above judgment became final and conclusive on August 27,

[2] On April 14, 2016, the Defendant driving a B car at the entrance of the original cancer village at the same 20-meter radius from the entrance of the said original cancer village at a 0.101% alcohol concentration in the blood while under the influence of alcohol on April 14, 2016 without obtaining a driver’s license for a vehicle at around 20:20.

Summary of Evidence

The defendant's legal statement report on the state of driving, a statement report on the state driver's circumstances, and previous records on the ledger of driver's licenses: The application of the investigation report (unlicensed driving, driving of drinking, driving of drinking, etc.) shall be made by inquiry such as criminal history

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity refers to a traffic accident which causes a traffic accident even though the Defendant was subject to seven times criminal punishment due to a license without drinking alcohol, and was under the suspension of execution due to a non-licenseless driving, etc.

Therefore, the sentence of punishment shall be imposed on the defendant, and the sentence shall be mitigated by the statutory penalty in consideration of the fact that the defendant commits a mistake, the age, environment, etc. of the defendant.

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