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(영문) 광주지방법원 2016.05.19 2016고단771
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On September 10, 2012, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law in the Gwangju District Court's Support on September 10, 2012, and on October 29, 2015, the same court issued a summary order of KRW 4 million due to a violation of road traffic law (driving driving).

[Criminal facts] On March 3, 2016, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, background of the crime and circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set) by comprehensively taking into account the following facts: (a) the fact that there was a history of punishment twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher; (c) the Defendant’s age, sex, environment

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