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(영문) 광주지방법원 2016.09.08 2016고단2289
도로교통법위반(무면허운전)등
Text

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

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

3.

Reasons

Punishment of the crime

On May 8, 2009, the Defendant was issued a summary order of KRW 700,000 by the Gwangju District Court for a fine of KRW 700,00 as a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million by the same court on December 8, 2015.

On May 22, 2016, at around 23:28, the Defendant driven a Grand City under the influence of alcohol content of 0.071% without a driver’s license, from approximately 1km section from the front of a cafeteria in the south of Gwangju-gu to the front of the happiness rehabilitation center located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the control of drinking driving, the inquiry into the results of the crackdown, and the driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (previous records and investigation reports);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to provide community service and attend lectures has the history of being punished once due to drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no past conviction heavier than a fine, and all kinds of sentencing conditions shown in the pleadings of this case, including the defendant's age, character and conduct, environment, circumstances of crimes, and circumstances after crimes, shall be determined as ordered, taking into account the following factors:

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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