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(영문) 광주지방법원 2016.06.23 2016고단1250
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

[criminal history] On December 20, 2012, the Defendant violated Article 44(1) of the Road Traffic Act at the Gwangju District Court on December 20, 2012, by issuing a fine of KRW 1.5 million for a violation of the Road Traffic Act (dacting driving), and by issuing a summary order of KRW 5 million for the same crime at the same court on July 10, 2014.

[Criminal facts]

1. On March 28, 201, the Defendant: (a) driven a fluorous vehicle with alcohol concentration of approximately 0.062% of alcohol in blood without a driver’s license in the section of approximately 200 meters from the front of a cU convenience store in front of the same cU convenience store (a pair of villages) in the vicinity of the reservoir located in the Seo-gu, Seo-gu, Gwangju, Seo-gu to the same cU convenience store (a pair of villages); (b) around 200 meters.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a galloned vehicle with B gallon.

Defendant 1 operated a gallon with a gallon that was not covered by mandatory insurance at the same time and at the same place as the above 1. paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers who take driving, notification of the results of crackdown on drinking driving, the ledger of drivers' licenses, and inquiry into mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, 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. 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 exists a record of serving orders to provide community service and attend lectures and serving several times of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act: Provided, That there is no criminal record heavier than fines, and the defendant's age, sex, environment, and crime.

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