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(영문) 광주지방법원 2016.01.21 2015고단4710
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 21, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court.

1. On October 12, 2015, the Defendant: (a) around 21:50 on October 12, 2015, the Defendant driven a Bsch Rexton car under the influence of alcohol content 0.123%, without obtaining a driver’s license, in the section of about 70 meters from the front day of the restaurant for the Nam-gu Seoul Southern-gu Seoul Southern-gu Steering meat to the front day of the city in which it is located; and (b) while under the influence of alcohol 0.123% during blood.

2. On October 13, 2015, the Defendant: (a) around October 13, 2015, the Defendant driven a Bsch Rexton car while under the influence of alcohol content of at least 0.065% while under the influence of alcohol during blood, without obtaining a driver’s license in the section of approximately 700 meters from October 13, 2015, in front of a restaurant in the direction of the north-dong in the west-dong in the west-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the summary order);

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on October 12, 2015), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on October 13, 2015), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of self-driving on October 13, 2015) concerning each of the following facts:

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, was already punished twice due to drinking prior to each of the crimes of this case, re-offending by the defendant only a day discovered by drinking driving and non-licensed driving, the defendant's degree of alcohol level is not low, and the defendant's age, sexual behavior, environment, etc.

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