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(영문) 광주지방법원 순천지원 2016.04.27 2015고단2382
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 history] The defendant had a record of being notified of a summary order of a fine of KRW 1 million in the same court on September 23, 2009 as a crime of violation of road traffic law in the Gwangju District Court's net support on September 23, 2009 and a fine of KRW 3 million in the same court on August 20, 2010.

[2] On November 8, 2015, the Defendant driven a D body-man car at the section of about 3 km away from the 3km road in front of the gas station in the case of influence, in a state of under the influence of alcohol by 0.119% during blood alcohol while under the influence of alcohol at around 12:55, the Defendant driven a D body-man car at the section of about 3 km in front of the oil station in the case of influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. A traffic accident report, on-site map, actual condition survey report, and evidence and photographs of the scene of the traffic accident;

1. E statements;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. The fact that there are many previous criminal convictions of the same kind that are disadvantageous to the grounds for sentencing under Article 62-2 of the Criminal Act (four times a drinking driving, two times a licenseless driving) and there is no record of being sentenced to a punishment of imprisonment not less than a favorable suspension of the execution of a normal position, supporting the family of the defendant who led to the confession and reflect of the crime of this case. In addition, the punishment is determined as per the disposition, taking into account the defendant's age, sexual behavior

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