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(영문) 광주지방법원 목포지원 2018.08.24 2018고단467
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court on April 16, 2013, and on March 9, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

On June 2, 2018, around 21:13, the Defendant driven a vehicle BM5 vehicle without obtaining a driver’s license from around 500 meters section from the front of the residential complex of Young-gun, Young-gun, Young-gun, Seoul, to the front of the residential complex for surrogate Ho-gun, Seoul, to the front of the 175-ro, Young-gun, Young-gun, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about criminal history and the application of summary orders-related 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. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and community service order are three times a fine due to driving of alcohol, and one time a fine due to driving without a license. However, the accused has the intention of committing an offense, and the accused has the intention not to drive a drinking or non-licensed driving again;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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