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(영문) 광주지방법원 목포지원 2017.06.23 2017고단321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 6, 2009, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court on February 6, 2009, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court on October 16, 2012.

On March 14, 2017, the Defendant driven Cone Star Co., Ltd. while under the influence of alcohol content of about 0.055% without obtaining a driver’s license from the front day of the “gasaton” road, the upper day of which includes a large length of 13:18 square meters, to the front day of the new apartment located in approximately 91 square meters in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, the ledger of driver's license for motor vehicles - the cancellation (A), and inquiries about criminal experience (A), and the application of summary order 3 copies of the summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order have been punished several times for the same crime, and the fact that there is a great possibility of criticism in that the defendant committed the crime of this case during the period of suspended sentence of imprisonment sentenced to the crime of this paper, while on the other hand, there is no record of punishment exceeding the fine due to the same crime, and there is no record of punishment exceeding the fine due to the same crime, and the fact that the alcohol concentration in blood during the crime of this case is not high at the time of the crime of this case is considered as favorable circumstances.

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