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(영문) 광주지방법원 2016.08.25 2016고단2023
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 27, 2006, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and a fine of KRW 1,50,000 for the same crime in the same court on May 20, 2014.

On May 20, 2016, at around 15:15, the Defendant, without a driver’s license, driven a BM5 vehicle from around 5 km to the front side of the entrance of the same military air transport-type in writing, from the front side of the Hoyang-gun, Yyang-gun, the alcohol level of the blood alcohol level of 0.241%, while under the influence of alcohol during the blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A report on the detection of a potential provider placed in the main place;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) Act 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. In full view of the following factors: (a) the Defendant’s records of the punishment for drinking alcohol for the punishment of punishment under Article 62-2 of the Criminal Act: (b) the driving distance from 201 to 2014; (c) driving distance; (d) alcohol concentration in blood; and (d) the Defendant’s age, sex behavior, environment, health conditions; (e) details of the crime; and (e) the circumstances after the crime, etc., the sentence shall be determined as ordered by the order.

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