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(영문) 광주지방법원 2016.01.21 2015고단4511
도로교통법위반(음주운전)등
Text

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

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

3.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant is a person who violated Article 44(1) of the Road Traffic Act twice by receiving a summary order of KRW 1.5 million from the same court on March 10, 2015 as a crime of violating the Road Traffic Act at the Gwangju District Court on November 8, 2013, and a fine of KRW 5 million from the same court on March 10, 2015.

On November 12, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a BSP motor vehicle in the section of about 5 km from the front of the Suwon Mine-dong to the adjacent road of about 30km-ro, Gwangju Northern-ro, 0.139% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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. The fact that there is a record of being punished twice by a fine due to drinking driving, as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, and that the blood alcohol level is high: Provided, That there is no previous conviction other than the above two fines, and the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc. are considered and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered by the order.

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