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(영문) 광주지방법원 2016.01.21 2015고단4758
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 8, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Gwangju District Court, and on June 3, 2015, was sentenced to a fine of five million won as a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court's wooden Branch on June 3, 2015.

On November 16, 2015, the Defendant driven B QM5 automobiles under the influence of alcohol level 0.113% while under the influence of alcohol level 0.13% without obtaining a driver’s license from the Do in front of Samsung Apartment apartment located in the Southern-dong, Gwangju, to the roads below the same 500 meters from the Do in front of Samsung apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of two-dimensional Acts and subordinate statutes, such as inquiries about criminal history and text of judgment;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s records of drinking alcohol driving and punishment for unlicensed driving (the same as the first head’s previous record as indicated in the judgment), driving distance, alcohol concentration in blood, and the Defendant’s age, sex, sex, environment, health conditions, circumstances of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case.

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