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(영문) 광주지방법원 2016.01.14 2015고단4602
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 November 13, 2006, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million as a fine for the same crime at the same court on August 7, 2009.

On September 28, 2015, the Defendant driven a sports cargo vehicle B at approximately 800 meters away from the section B at approximately 800 meters away from 157-37, Cheongsan-ro, Cheongsung-gun, Cheongsung-gun, Cheongsung-gun, in a state of alcohol leveling to 0.085% of alcohol level during blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the defendant's records of drinking alcohol driving and punishment for unlicensed driving (two times due to drinking driving and two times due to unlicensed driving), driving distance, blood alcohol concentration, and the defendant's age, sexual behavior, environment, health conditions, details of the crime, circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments of this case including the defendant's age, sexual behavior, environment, health conditions, and circumstances after the crime.

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