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(영문) 광주지방법원 2017.06.15 2017고단1425
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 6, 2012, the Defendant was sentenced to a fine of KRW 4.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act (driving), and a fine of KRW 4 million by the same court on March 4, 2016, respectively.

[2] On April 2, 2017, the Defendant driven B-low-scale car from the roads front of the Red Sea Ikdong, Gidong, Seoul, to the roads front of the innovation 375 innovative apartment, e.g., the 375 innovative apartment without obtaining a driver's license on April 2, 2017, and at around 500 meters, while under the influence of alcohol concentration of 0.15% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. The point of previous convictions: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous suspect and the summary order attached thereto) and application of each of the summary order attached thereto;

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 all the sentencing conditions shown in the arguments of this case, including the following: (a) two times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) there is no history of crime exceeding fines; (c) the fact that there is no record of crime exceeding fines; (d) the blood alcohol concentration; (e) driving distance; and (e) the Defendant’s age, sex behavior, environment; (e) details of the crime; and (e) circumstances after the crime, etc., the sentence shall be determined as ordered.

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