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(영문) 광주지방법원 순천지원 2016.05.26 2016고단195
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

On October 31, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on February 8, 201, a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on February 8, 201.

1. On January 18, 2016, the Defendant driven a C Poter freight under the influence of alcohol content of about 0.058% from the 10km section of the 10km to the roads in the 15:38 South Singu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, Seoul, to the roads in the 10km-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul, for the purpose of drinking alcohol content of about 0.058%.

2. Violation of the Road Traffic Act (Non-licenseed Driving) [2016 Height 541] On March 22, 2016, the Defendant driven a C Poter truck without a vehicle driver’s license for about 1km from the front side of D at the time of leisure water to the front side of D 10:21 on March 22, 2016, along with the number of shares at the time of leisure water to 69 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the text of the judgment, etc.), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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 (1) of the Criminal Act on the suspended execution;

1. On March 26, 2014, the Defendant was sentenced to imprisonment with prison labor for four months as a result of injury in the Gwangju District Court’s net support, and committed the instant crime during the suspended execution period, and there are many of the criminal records in the same kind of crime.

However, the defendant is against the obligation of the defendant, and the defendant has disposed of the vehicle, and the health of the defendant is not good.

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