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(영문) 광주지방법원 순천지원 2016.10.19 2016고단1618
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 4, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on November 4, 2008, and a fine of KRW 4 million for the same crime in the same court on April 6, 2016.

【Criminal Facts】

On June 20, 2016, at around 15:40, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.184% without obtaining a driver’s license from the front of the cafeteria, “the old house” to the next road below the high-priced market in the same city ckm-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (attached reports, such as a summary order of the same kind of crime);

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 punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that there is a history of punishment several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration is considerably high, and the second month only leads to re-offending with the same vehicle, or the fact that the defendant recognizes the crime and reflects that the defendant has no record of being sentenced to suspended execution or more, the fact that the above vehicle has been scrapped, the favorable circumstances such as scrapping of the above vehicle, and other conditions of sentencing;

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