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(영문) 광주지방법원 2016.11.24 2016고단4102
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal power] On January 15, 2010, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and KRW 2.5 million as a fine in the same court on October 10, 2012.

【Criminal Facts】

On September 2, 2016, at around 00:10, the Defendant driven a burn truck under the influence of alcohol content of 0.133% without obtaining a driving license from a section of approximately 100 meters from the 100-meter-of-the-art apartment complex in the same Dong-dong, to the underground parking lot in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, reports on detection of drivers by prime drivers, circumstantial statements of drivers, and the register of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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