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(영문) 광주지방법원 2016.04.28 2015고단2956
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2015, the Defendant was notified of a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Gwangju District Court on May 18, 2015, and on May 27, 2015, the same court was notified of a summary order of a fine of five million won for the same crime. On May 27, 2015, the Defendant applied for formal trial at the same court, and the Defendant had the power of violating Article 44(1) of the Road Traffic Act two times or more during the trial of the first instance court as 1058.

1. On July 26, 2015, the Defendant: (a) driven a Dam-Mon vehicle without obtaining a driver’s license from around 4 km section from the front side of the west-ro, 194-ro, west-gu, Gwangju, Gwangju, to the west-ro, Gwangju Dong-gu, without obtaining a driver’s license; (b) around 21:30 on July 26, 2015, the Defendant driven a Dam-M vehicle without obtaining a driver’s license.

2. On July 26, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) driving a mast vehicle in the state of alcohol alcohol leveling 0.139% while under the influence of alcohol leveling 0.139%, without obtaining a driver’s license in a section of about 400 meters from the front of the fransh in Gwangju Dong-gu to the front road of the Dong-gu Election Management Committee.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (a copy of summary order);

1. Article 148-2 subparag. 1 and Article 44 subparag. 1 of the Road Traffic Act concerning facts constituting an offense (as a whole, since the driving without a license, driving on the same day, and driving on the same day) Articles 152 subparag. 1 and 43 of the Road Traffic Act;

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 defendant's drinking and non-licensed driving for the reasons of sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service order and order to attend lectures.

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