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광주지방법원 2017.02.16 2016고단2479

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On September 25, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 25, 2006 and KRW 4 million for the same crime at the same court on March 14, 2016.

[2] On May 21, 2016, the Defendant driven C Poter cargo under the influence of alcohol content of 0.264% while under the influence of alcohol without obtaining a driver’s license, from around about 300 meters from the front day of the 1stitch factory in Gwangju Dong-dong to the front day of the same Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on detection of a driver engaged in driving, a report on the circumstances of a driver engaged in driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and 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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, including the Defendant’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc. (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).