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(영문) 광주지방법원 목포지원 2016.09.08 2016고단625
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

On May 23, 2008, the Defendant received respectively a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act, from the Gwangju District Court's wooden branch on May 27, 2015, from the Gwangju District Court's wooden branch on May 27, 2015.

On June 5, 2016, at around 22:00, the Defendant driven B rocketing car with a blood alcohol content of 0.156% while drunkly under the influence of alcohol without obtaining a driver’s license from a section of about 600 meters from the front of the Love Funeral Center, which is located in the white zone in the Sinpo City, to the front road of the Sinpo City in the front of the Sinpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous records before ruling: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of criminal records of the same kind of suspect) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act applicable to the relevant criminal facts, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended on condition of taking probation, community service, and compliance driving lectures, considering the fact that the defendant, including the first head punishment force of the judgment on the grounds of sentencing under Article 62-2 of the Criminal Act, has been punished by imprisonment with prison labor in light of the fact that the defendant is punished several times for the same kind of crime, but the defendant has no past record of punishment exceeding the fine;

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