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(영문) 광주지방법원 순천지원 2016.12.14 2016고단1463
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 Power] On July 6, 2016, the Defendant was sentenced to a suspended sentence of one year for four months from the date of imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court’s net support on July 6, 2016.

【Criminal Facts】

On May 2, 2016, the Defendant, while under the influence of alcohol at 0.075% of blood alcohol level on May 2, 2016, operated a vehicle without a vehicle driver’s license, at approximately KRW 300 meters from the front day of the Jinnam Hospital Funeral Center in the Yinsudong-dong during the leisure season to the front day of the Jinnam Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (reports attached to judgments, etc.) including criminal records, etc.;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime in the course of trial without a license, and that the Defendant committed the same kind of crime on the same vehicle, etc. is disadvantageous.

However, the punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant is recognized as committing a crime, the fact that the judgment has become final and conclusive concurrent crimes with the crime of violation of the Road Traffic Act (unlicensed Operation) and the latter concurrent crimes, and the fact that equity should be considered at the

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