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(영문) 광주지방법원 순천지원 2016.05.26 2015고단2417
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 24, 2013, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act in the same court on November 30, 2012.

On November 21, 2015, the Defendant, without obtaining a driver’s license of around 23:40 on November 21, 2015, driven a Bschnton car with approximately 100 meters alcohol content 0.089% under the influence of alcohol from the 100-meter section to the fishery market prior to the influence of the net City Ordinance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control;

1. The driver's license ledger;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

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

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. The punishment as ordered shall be determined by comprehensively taking into account the driving of a defendant's drinking, driving without a license, drinking volume, his/her age, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and attendance order of

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