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(영문) 광주지방법원 순천지원 2015.06.26 2015고단644
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

On September 9, 2009, the Defendant received a fine of two million won due to a violation of the Road Traffic Act (driving) from the Gwangju District Court’s net support on September 9, 2009, and a fine of four million won due to the same crime in the same court on October 31, 2014.

The Defendant is a person engaging in driving vehicles C.

On April 14, 2015, at around 15:18, the Defendant driven the said vehicle under the influence of alcohol level of about 0.086% without obtaining a driver’s license at a distance of about 300 meters from the 300-meter radius from the Yacheon-si, Yacheon-si, Yacheon-si, Yasi, Yari-si, Yari

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about the results of internal investigation, report on the circumstances of driving under the influence of alcohol and crackdown on drinking;

1. Registers of driver's licenses;

1. Report on investigation results;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that there are two previous crimes of the same kind of crime of violation of the Road Traffic Act which is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, and the criminal records of the same crime of violation of the Road Traffic Act are 4 times. Among them, the normal blood alcohol concentration favorable to the fact that the one of them is more than the suspension of execution is relatively low, and all other sentencing conditions indicated in the records, such as the defendant's age, character, conduct and environment, etc.

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