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(영문) 광주지방법원 순천지원 2017.07.19 2017고단669
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 April 7, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), 1.5 million for a crime of violating the Road Traffic Act (drinking driving), 1.5 million by the same court on October 15, 2010, and 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on June 28, 2013, respectively.

Nevertheless, on April 7, 2017, the Defendant driven a vehicle B with a blood alcohol level of about 0.230% in a section of about 100 meters from the front of the YY and the front of the road located in the same Eup from the roads in the front of the YYM to the Goung-gun, Goung-gun, Goung-gun, Seoul around 18:40, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, and application of three-thirds of 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 (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the Defendant three times, taking full account of the following circumstances: (a) the Defendant’s blood alcohol concentration at the time of the instant crime is very high; (b) the distance of drinking and unlicensed driving is relatively short; (c) the Defendant’s age and health conditions; (d) the Defendant’s age and health conditions; (e) the family environment (a) and the interval between the same criminal and the instant crimes.

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