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(영문) 광주지방법원 해남지원 2016.06.23 2016고단116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On October 30, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Nam-gu District Court of Gwangju, Gwangju, issued a summary order of KRW 3 million in the same court on October 10, 2014.

[2] On March 29, 2016, the Defendant driven B Poter Cargo with approximately 0.103% alcohol concentration in blood without a vehicle driver’s license in the section of approximately 1km from the front of Mart to the front of the road of Yando-Eup, Yando-Eup, Yando-Eup, one of the agricultural cooperatives located in Yando-Eup, Yando-Eup, Yando-gun, Seoul, on March 29, 2016

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under driving under drinking, report on the circumstances of driving without a license, inquiry into the results of crackdown on driving under drinking, and the circumstantial records of driving under driving under drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, etc., a copy of an investigation report (Attachment of a summary order), and application of three copies of a summary order;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant committed the crime of this case even though he had been subject to three times or more due to driving of drinking alcohol, and there is a need to seriously punish the defendant, thereby creating a warning to the lack of compliance consciousness by the defendant. However, in light of the fact that the defendant is against the obligation of the defendant, the punishment shall be determined like the order.

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