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(영문) 광주지방법원 순천지원 2017.07.19 2017고단663
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 1, 2015, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's Netcheon Branch on October 1, 2015, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on August 26, 2016, respectively.

Nevertheless, on March 23, 2017, the Defendant driven an Eschton vehicle without a driver's license, while under the influence of alcohol concentration of approximately 0.147% from the 2km section to the front roads of D located in C, from the front roads of G, which are located in C, on March 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Detailed driver's license details;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of community service order and lecture order shall be determined by comprehensively taking into account all the factors such as the defendant's previous conviction (this case's previous conviction exceeds 10 times), age, family environment, the defendant's blood alcohol concentration, the distance of drinking and non-licensed driving at the time of the crime of this case, the recent same kind of power and the interval of time of the crime of this case, and other factors of sentencing such as the defendant's previous conviction.

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