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(영문) 광주지방법원 2017.02.09 2016고단4417
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 13, 2013, the Defendant issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on January 14, 2015, a fine of KRW 2 million for the same crime, from the Gwangju District Court, on January 19, 2016, and was sentenced to a fine of KRW 5 million for the same crime at the Gwangju District Court on January 19, 2016.

On September 12, 2016, the Defendant driven an I driver’s vehicle under the influence of alcohol with approximately 0.073% alcohol concentration in blood without obtaining a driver’s license from the front of the Pyeongtaekdong Knowledge Complex located in Pyeongtaek-dong, Gwangju Metropolitan City to the front of the Pyeongtaek-dong reservoir located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: Inquiry about criminal history and application of 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 fact that there exists a record of punishment several times due to driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That in full view of all the sentencing conditions shown in the pleadings of the instant case, including the fact that there is no criminal record heavier than fines, blood alcohol concentration, the Defendant’s age, sexual behavior, environment, circumstances of the crime and circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to an offense for which no sentencing guidelines have been set).

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