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(영문) 광주지방법원 2015.12.17 2015고단4106
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 of the final judgment.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on February 23, 2015, and entered the record of the military delivery support report at the Jeonju District Court on July 9, 2015.

In the case of violation of the Road Traffic Act, a fine of 5 million won has been issued.

On September 9, 2015, at around 00:34, the Defendant driven B LV car under the influence of alcohol concentration of about 0.074% without obtaining a driver's license from the front line of the main line on the Mancheon-si, Mancheon-dong, to the same time in the 1km-ro, KONNON-dong road, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of two copies of the summary order-order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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. For sentencing of Article 62-2 of the Criminal Act, the punishment of the defendant for drunk driving (in the case of the previous conviction as stated in the judgment, the punishment shall be imposed twice as stated in the previous conviction, but no more than a year has been imposed, driving distance, blood alcohol level, and other sentencing conditions specified in the pleadings of this case, including the defendant's age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime, shall be comprehensively taken into account and determined as ordered.

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