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(영문) 광주지방법원 순천지원 2016.06.29 2016고단87
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 23, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Gwangju District Court's net support on May 10, 201, a fine of KRW 1.5 million for the same crime in the same court on May 10, 2010, and a fine of KRW 4 million for the same crime in the same court on May 20, 2015, respectively.

[2] On January 16, 2016, the Defendant driven Bone Star Cargo under the influence of alcohol content 0.141% while under the influence of alcohol, without obtaining a driver’s license from the section of about about 10 meters from the insular area (hereinafter referred to as the “insular area”) to the front day of the Dobongsan Elementary School (hereinafter referred to as the “insular area”).

Summary of Evidence

The defendant's legal statement statement report, inquiry about the results of drinking driving control, previous records on the ledger of driver's license: Reference, such as criminal history, and application of summary order 3 Acts and subordinate statutes

1. Article 148-2 (1) 1, Article 44 (1), 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

6. The community service order under Article 62-2 of the Criminal Act;

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