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(영문) 광주지방법원 순천지원 2016.11.10 2016고단1610
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 April 12, 2013, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act, and on March 22, 2016, a summary order of KRW 4,00,000 as a penalty of violation of the Road Traffic Act was issued by the Gwangju District Court.

On June 3, 2016, around 01:57, the Defendant driven B 130 automobiles under the influence of alcohol concentration of 0.134% without obtaining a driver’s license from approximately 200 meters away from the front of the era of the Nicesaw Ordinance of the Satop, which was located in the B-dong 7-dong 7-dong 2-dong, to the front of the age of the 102-dong B-dong 22.

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: 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. To determine a punishment to prevent recidivism by taking into account the following factors: the defendant has no criminal history of imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 of the Criminal Act, and the background of drinking and drinking volume of the case;

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