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(영문) 광주지방법원 순천지원 2016.07.13 2016고단76
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 12, 2007, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of violating road traffic law in the Gwangju District Court's net support, etc., and on April 28, 2015, the Defendant was sentenced to a summary order of two million won for a crime of violating road traffic law (drinking) in the same court.

[2] On December 30, 2015, the Defendant driven B Poter truck with alcohol content of about 0.081% in blood while under the influence of alcohol without obtaining a driver’s license in about 5km section from the front of the restaurant to the front of the original house of the same Dog in the same Dog-ri, the new Dog, which is the Dog, the purchase of the Dog-gun, Namsung-gun, Namsung-gun, the Republic of Korea, around 2015.

Summary of Evidence

The defendant's legal statement report on the state of driving, report on the state of driving without the driver's license, report on the situation of the driver's license, notification on the result of the crackdown on drinking driving, and previous records on the ledger of driver's license: Application of a reply such as criminal history, text of the

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the Defendant had been subject to criminal punishment on several occasions due to drinking or non-licensed driving in the past, and repeated drinking or non-licensed driving.

However, the defendant reflects the wrong and again does not drive drinking and without a license.

There are many things.

Other punishment shall be determined in consideration of the sentencing conditions, such as the defendant's age, sex, environment, etc.

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