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(영문) 광주지방법원 순천지원 2016.09.28 2016고단898
도로교통법위반(음주운전)등
Text

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

[criminal history] On May 16, 2008, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of road traffic law in the Gwangju District Court’s net support on May 16, 2008, and a fine of KRW 4 million as the same crime in the same court on December 30, 2013.

[2] On April 19, 2016, the Defendant, without obtaining a driver’s license around 00:10 on April 19, 2016, driven a motor vehicle with B low-water car from approximately seven meters away from the front side of the sewage culvert, which was under the influence of 0.137% alcohol while in the influence of alcohol during blood.

Summary of Evidence

In the case of the defendant's legal statement, a report on the stateless driving circumstances, a report on the stateless driver's circumstantial statement, and the previous conviction in the ledger of driver's license: The application of the provision of an inquiry, such as criminal history, and the provision of a summary order

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

6. The community service order under Article 62-2 of the Criminal Act;

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