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(영문) 광주지방법원 순천지원 2016.09.21 2016고단773
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Changwon District Court on February 2, 2007, which was sentenced to a fine of KRW 1.5 million for the same crime on May 16, 2008, and a fine of KRW 3 million for the same crime from the pure Branch of the Gwangju District Court on May 16, 2008, and a fine of KRW 5 million for the same crime in the same court on October 25, 2010. On April 14, 2015, the same court was sentenced to a suspended sentence of imprisonment for the same crime on June and on April 22, 2015, and the above judgment became final and conclusive for the period of suspension of execution.

[2] On May 4, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on May 4, 2016, driven a motor vehicle with B observer in the 1km section from the 1km to the front side of the Southern East-dong, Gidong-dong, Gidong-dong, Gidong-dong, Gidong-dong, Gidong-dong-dong-dong, under the influence of alcohol content of 0.053%.

Summary of Evidence

The defendant's legal statement-free driver's license, report on the circumstances of driving in the State, report on the circumstances of the driver's license, previous records on the ledger of driver's license: The application of the law, such as a written inquiry about criminal records, and a copy of summary order 2 attached to the

1. Article 148-2 (1) 1, Article 44, subparagraph 1 of Article 152 and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of the amount of punishment are as follows: (a) the Defendant was punished several times by driving without a license for drinking alcohol; and (b) the Defendant again repeated driving without a license for drinking alcohol even during the period of suspension of execution due to the current crime of driving under drinking alcohol.

However, in consideration of the fact that the defendant commits a mistake, the age, environment, etc. of the defendant, the amount of punishment shall be reduced by the statutory penalty, and the sentence shall be determined.

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