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(영문) 광주지방법원 2016.11.17 2016고단3510
도로교통법위반(음주운전)등
Text

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

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

3.

Reasons

Punishment of the crime

On October 19, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 4.5 million as a fine in the same court on May 20, 2013.

On July 31, 2016, the Defendant, who was punished for the violation of the Road Traffic Act more than twice as above, driven a B-hand car at a section of about 100 meters from the front of the High-Tech Center in the Gwangju Mine-gu to the road in front of the Manosung Motor Vehicle in the same Dong, while under the influence of alcohol at least 0.069% of alcohol level without obtaining a driver's license on July 22, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Two times (207, 2013, 2013), one time (2008) due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and one time (2008) due to the driving without a license: Provided, That the punishment shall be determined as ordered by taking into account the following factors: the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc.; and the Defendant’s age, character and conduct, circumstances of the crime; and all of the sentencing conditions as

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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