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(영문) 광주지방법원 순천지원 2017.04.20 2016고단2586
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on March 25, 2013, and the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), etc. on October 7, 2015, and the driving power of drinking is two or more times.

On November 29, 2016, around 20:55, the Defendant driven a B-hand car with alcohol content of about 0.074% while under the influence of alcohol without a driver’s license at a section of about 3km from the front of the building “Yancheon-dong’s Building” to the front of the building “Yancheon-dong Village” at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation reports (verification of the same criminal records as the suspect), and application of the statutes governing summary orders;

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;

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 to prevent recidivism shall be determined in the light of the accused’s records of the same crime and the driving period without a license, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act;

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