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(영문) 광주지방법원 2017.02.16 2016고단5204
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

On May 28, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, a fine of KRW 4 million in the same court on July 19, 2012, and a fine of KRW 6 million in the same court on August 26, 2015.

On November 8, 2016, at around 22:25, the Defendant driven Cho-do in a state of under the influence of alcohol concentration of about 0.063% without a driver’s license, from around 600 meters to the front road of the five brickd apartment, 537, a Doro-ro, 507, Gero-gu, Gwangju, Gwangju, to the 198 Green Village in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order) and other Acts and subordinate statutes;

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 the defendant's records of punishment for drinking alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act (from 2004 to 2015, the defendant was punished four times by drinking alcohol), driving distance, alcohol density during blood, and other criminal defendant's age, sex, sex, environment, health conditions, circumstances of crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as stated in the instant argument.

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