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(영문) 광주지방법원 순천지원 2016.07.13 2016고단45
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 26, 2009, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on February 4, 2014. On October 1, 2014, the Defendant was issued a summary order of a fine of one million won due to a violation of road traffic law in the pure Branch of the Gwangju District Court on February 4, 2014. On October 1, 2014, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor for a violation of road traffic law (driving), and is currently under a suspended sentence of two years.

On January 8, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 09:05 on January 8, 2016, driven the CM5 motor vehicle from the roads before the bend of the bend of the bend of the bend of the bend of the bend of the bend of the CM5 motor vehicle while under the influence of alcohol content of 0.05% during blood, to the roads before the bend of the diving.

Summary of Evidence

The defendant's legal statement report on driving circumstances, report on driving without a license, notification on the result of the crackdown on driving of alcohol, and previous records on the ledger of driver's license: The application of an inquiry letter, such as criminal history, and investigation report (the confirmation of previous records) law

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant was subject to six times or more due to a license without permission or a alcohol driving, and is still under suspension of execution due to a crime of driving under drinking, etc., but is not aware of the fact that he/she was under suspension of execution, and thus, he/she was engaged in driving under drinking or without a license, and thus, the Defendant needs to be subject to strict

Therefore, the sentence is sentenced.

When determining the sentence, the sentencing conditions were considered such as the defendant's age, sex, environment, and circumstances of the crime.

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