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(영문) 광주지방법원 순천지원 2016.08.10 2016고단1231
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On July 5, 2010, the Defendant was sentenced to a summary order of a fine of KRW 3 million for a crime of violating road traffic law in the Gwangju District Court's net support on July 5, 2010, and on September 26, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violating road traffic law (drinking driving) more than twice in the Gwangju District Court's net support on September 26, 201, and the judgment became final and conclusive on October 7, 2014.

[Criminal facts] On March 15, 2016, the Defendant driven a Dunst Driving Vehicle C owned by approximately 4 km from the Dog in front of the YY, the mountain village of the mountain village of the YY, to the road front of the YY, the mountain village of the YY, which is located near the Taecheon Elementary School, in the direction of 0.152% of alcohol content in the blood of around 03:50, without the driver’s license.

Summary of Evidence

The defendant's legal statement traffic accident occurrence report, on-site map, on-site photo, on-site survey report, the situation report of the driver in charge, notification of the results of the crackdown on drinking driving, and previous records in the judgment of the ledger of driver's license: Application of inquiry letter such as criminal history, 1 copy of the judgment and 2 copies of the summary order.

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity refers to the occurrence of a traffic accident by driving under influence without a driver's license and the occurrence of a large amount of accident caused by driving under the influence of a vehicle while under the suspension of execution due to an act of driving under influence and an act of driving under influence without a driver's license.

The defendant's driving of drinking is a very dangerous act that leads to a big accident.

Therefore, the defendant is sentenced to punishment.

However, it is against the defendant's wrong and the defendant's identity.

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