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(영문) 광주지방법원 해남지원 2016.07.07 2016고단154
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 January 20, 2012, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on January 20, 201, and on January 21, 2016, the same court was sentenced to a fine of KRW 4 million due to a crime of violating the Road Traffic Act.

[2] On April 12, 2016, the Defendant driven the B-wing truck without a mandatory insurance without a driver’s license in a section of approximately 500 meters from the five-day Dori-ri-ri-ri to the five-day Dori-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “W-ri-ri-ri-ri-ri-ri-ri-si”),

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver driving of alcohol, report on the situation of the driver driving of alcohol, inquiry into the results of crackdown on the driving of alcohol, ledger of driver's license, inquiry into mandatory insurance and details

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, (A), investigation reports (including both the previous and the attached judgments, and both the judgment attached thereto);

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drinking, driving of mandatory insurance, driving of a vehicle without mandatory insurance, and again committed the instant crime.

Although the defendant should be punished strictly, a suspended sentence shall be imposed only once in consideration of the fact that the defendant is against his/her will and that he/she has no record of punishment exceeding the fine.

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