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(영문) 광주지방법원 2017.01.24 2016고단4931
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act, and a fine of KRW 4 million by the same court on April 10, 2015.

On September 22, 2016, at around 05, the Defendant driven a Ctetra motor vehicle under the influence of alcohol concentration of about 0.075% while under the influence of alcohol without a driver's license at a section of about 300 meters from the front side of the entrance of the alley-gu, Seo-gu, Seo-gu, Gwangju to the front side of the Gu Pungwon at the same gold farm.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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. In full view of the records of the defendant's punishment for the same crime for the reasons of sentencing under Article 62-2 of the Criminal Act (4 times from 201 to 2015, by drinking driving without a license) , driving distance, blood alcohol concentration, the defendant's age, sex, behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as ordered by taking into account all the sentencing conditions shown in the argument of this case, including the defendant's age, sex, behavior, environment, health conditions, circumstances after the crime.

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