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(영문) 광주지방법원 2016.06.02 2016고단1287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on August 13, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution and is currently under suspended execution.

On February 19, 2016, the Defendant driven C K5 cars under the influence of alcohol leveling of about 0.067% without obtaining a driver’s license in the section of about 1km from the front of the office of “UK Construction” located in 17-19, 208, a high-tech in North-gu, Gwangju, North-gu, Gwangju, to the front of the office of “UK Construction” to the intersection in the same Gu, to the front of the 1km road.

around 21:10 on April 3, 2016, the Defendant driven CK-5 cars under the influence of alcohol concentration of about 0.171% without obtaining a driver's license from approximately 7km section from the land of the Yongsan-gu, Gwangju to the roads of the Dong-gu, Gwangju Metropolitan City.

Summary of Evidence

[2016 order 1287]

1. Statement by the defendant in court;

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

1. Registers of driver's licenses (2016 Height 1409);

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 in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (referring to a prior conviction and a judgment attached thereto) [2016 order 1287], a reply to inquiry, such as criminal history, and a report on investigation (Attachment of a judgment attached to the same criminal history as the suspect) [Attachment of a report on investigation (referring to 2016 order

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant is in the period of suspension of execution due to drinking driving.

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