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(영문) 광주지방법원 순천지원 2016.07.20 2016고단534
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 13, 2007, the Defendant was sentenced to a summary order of KRW 2 million as a fine of KRW 1 million in violation of the Road Traffic Act (unlicensed driving) at the Gwangju District Court's net support on December 12, 2007. On October 25, 2012, the Defendant was sentenced to imprisonment with prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and for violating the Road Traffic Accidents Act at the Gwangju District Court's net support on October 25, 2012. On July 21, 2014, the Defendant was sentenced to a summary order of KRW 2 million.

[2] On March 31, 2016, the Defendant driven a B-type car under the influence of alcohol content of about 0.149% without obtaining a vehicle driver’s license from the front of the “nurging of the bones,” which is in the front of the senior citizen center in the same Dong, to the front of the senior citizen center in the same Dong, at around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1 beams), a traffic accident report, and an accident scene photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the text of the judgment and summary order) and other relevant Acts and subordinate statutes;

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. Unfavorable circumstances, such as the protection and observation of orders to attend lectures, the fact that alcohol concentration is considerably high in the blood of reasons for sentencing under Article 62-2 of the Social Service Order Act, and the fact that there are several kinds of power, etc., confession and reflect by the defendant, the fact that the defendant makes a confession and reflects, and the fact that the traffic accident damages are fully repaid and agreed.

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