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(영문) 광주지방법원 순천지원 2016.04.20 2015고단2221
도로교통법위반(음주운전)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

[criminal history] On June 30, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic law in the Gwangju District Court’s net support on June 30, 2015, and the Defendant was issued a summary order of KRW 700,000 for the same crime in the same court on November 8, 2011.

[2] On October 28, 2015, the Defendant driven a B observer under the influence of alcohol level 0.113% while under the influence of alcohol level 0.13%, without obtaining a driver’s license, from the front of the Sungsan Park, which is located in the Shansan City Do, to the front road of the 112 bamboo 2nd apartment house in the 112nd place in the chill.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (a copy of the same record of the suspect, a copy of the judgment, and three copies of the summary order) by Acts and subordinate statutes;

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. 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. An order to determine a punishment as ordered by taking into account the following circumstances: (a) the confession and reflect of the instant crime; (b) the confession and reflect of the instant crime; and (c) the conditions of sentencing indicated in the record, such as the age, sexual conduct, circumstances after the crime, etc., of the Defendant, are considered in light of the fact that there are many previous convictions related to the same kind of punishment and the driving of vehicles that are disadvantageous to the grounds for sentencing under Article 62-2 of the Criminal Act; and (d) the driving of a motor vehicle is punished by drinking again for four months only; and

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