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(영문) 광주지방법원 순천지원 2016.12.15 2016고단2032
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2015, the Defendant issued a summary order of KRW 100,000,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act, at the same court on January 14, 2016.

On October 5, 2016, at around 23:13:13, the Defendant driven a D SP car while under the influence of alcohol concentration of 0.108% without obtaining a driving license for about 10 meters in the nearest roads of the CP or the CP in the Net City B. In the future, the Defendant driven a D SP car while under the influence of alcohol level of 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Investigation report (whether driving a vehicle is operated on the road);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 punishment to prevent recidivism shall be determined by comprehensively taking into account the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, drinking water, driving circumstances and other conditions of sentencing, including his age, environment, etc.;

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