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(영문) 광주지방법원 순천지원 2017.04.13 2016고단2363
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On September 22, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a violation of Road Traffic Act (drinking driving), and a summary order of KRW 5,00,000 by the same court on October 10, 2016 (drinking driving) on July 13, 2016, respectively.

On August 21, 2016, the Defendant driven a bwing-III cargo vehicle under the influence of alcohol concentration of about 0.081% without obtaining a driver’s license from the front of the restaurant located in the Ganyang-si, the Ganyang-si, the Ganyang-si, the Ganyang-si, and the front of the Yanyang-si, the Ganyang-si, the Ganyang-si, the Gan-si, the 2km-si, the Ganyang-si, the Gan-si, the Ganyang-si,

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 Acts and subordinate statutes to inquire about criminal history and report on investigation (report on attachment of the same type of summary order);

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;

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. The punishment to prevent recidivism shall be determined by comprehensively taking into account the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, the period and interval between drinking and drinking and the time of this case, and other conditions of sentencing, such as the age, environment and disability of the defendant;

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