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(영문) 광주지방법원 2015.09.17 2015고단1861
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 of the final judgment.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 4 million for the same crime at the same court on January 7, 2014.

On May 24, 2015, the Defendant, without obtaining a driver’s license at around 14:15, driving a B rocketing car at the section of about 7 km from the front of the lusium 0.076% of blood alcohol level to the front of the lusular road in the city of Busan, in the state of alcohol leveling 0.076%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act requires the defendant's drinking power (not less than four times as a result of a drunk driving in 203, 2004, 2009, or 2014), driving distance, blood alcohol level, and other criminal defendant's age, character and conduct, environment, health conditions, circumstances after the crime, and all the sentencing conditions shown in the arguments of this case, including the criminal defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., as a whole, shall be determined as per the order.

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