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(영문) 광주지방법원 2017.04.13 2016고단4716
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 20, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 4 million for the same crime at the same court on March 31, 2014, respectively.

On October 9, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 17:35, driven a DNA-burged vehicle under the influence of alcohol content of about 0.068% from the 10km section in Gwangju Seo-gu to the string line located in Seo-gu, Gwangju, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Application of inquiry-related Acts and subordinate statutes, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s history of punishment for drinking alcohol at hand and driving without a license, confession and reflect, the Defendant’s alcohol concentration during blood, the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.

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