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(영문) 광주지방법원 순천지원 2016.03.24 2015고단2408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 24, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on May 24, 201, and on November 11, 2015, issued a summary order of KRW 2,00,000 by the same court for the same crime.

On November 16, 2015, at around 23:26, the Defendant driven a B-to-pp-pubed vehicle with alcohol concentration of 0.05% in the blood alcohol level, without a driver’s license, at a distance of 2 km in front of the dominton-dong, in front of the domintoning place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of crime records), copies of summary order, and application of two-yearly 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 punishment as ordered shall be determined by comprehensively taking into account the defendant's drinking alcohol, the record of punishment for non-licenseless driving, the degree of alcohol during blood, the circumstances of crimes, and the age, family environment, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;

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