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(영문) 광주지방법원 2015.04.23 2015고단216
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 May 15, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Gwangju District Court, and on December 31, 2013, by a fine of three million won for a violation of the Road Traffic Act at the Gwangju District Court.

On December 13, 2014, when the Defendant had been under the influence of alcohol with a blood alcohol content of 0.158% without obtaining a driver's license, the Defendant driven the B-type B 500 meters away from the front of the cU convenience store in the south-gu Seoul Metropolitan City to the front of the bus platform, which is about 500 meters away from the road in front of the cU convenience store in the south-gu Seoul Metropolitan City, without a driver's license, even though the Defendant had violated Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Before ruling: The application of inquiry records into criminal records and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing favorable to the following)

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act were punished for drunk driving, and the defendant re-driving and unauthorized driving at the time of the punishment for the sentencing of Article 62-2 of the Criminal Act, and the defendant caused physical damage to the bus platform due to the instant crime.

However, there is a family member who is currently against the defendant seriously and must support the defendant.

Accordingly, the punishment shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health conditions, circumstances after the crime, and circumstances after the crime.

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