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(영문) 광주지방법원 순천지원 2016.02.15 2015고단1834
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. A person who has a record of having received a summary order of KRW 4 million as a fine for a violation of road traffic law at the 2015 Highest 1834, Oct. 8, 2012, the Defendant issued a summary order of KRW 3 million on February 24, 2012 as a crime of violation of road traffic law at the pure Support of the Gwangju District Court of Gwangju, Gwangju, a person who has a record of having received a summary order of KRW 3 million on February 24, 2012.

[2] On October 20, 2015, the Defendant driven BM5 automobiles under the influence of alcohol content of approximately 0.169% from the 2km section to the roads of “Ninna” gas boiler, which is located in the “Saindo-dong” restaurant in the Ycheon-si-do-dong without obtaining a driver’s license, around 02:2:23, the Defendant driven BM5 automobiles under the influence of alcohol content of blood at approximately 0.169%.

2. On December 4, 2015, the Defendant, without a driver’s license, driven a car with approximately 50 kilometers B&5 km from before to 49 kilometers in the direction of 49 kilometers in Honam Highway, which was in the net tension 08:50 on December 4, 2015.

Summary of Evidence

[2015 Highest 1834]

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. On-site evidence and photographs;

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and a criminal investigation report (Attachment to a copy of a summary order);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (it is between the crimes of the Road Traffic Act and the crimes of the Road Traffic Act under paragraph (1) of the judgment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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