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(영문) 광주지방법원 2015.06.18 2015고단864

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3.5 million for the same crime at the same court on August 26, 2014, respectively.

On March 20, 2015, the Defendant, without obtaining a driver's license on March 23:4, 2015, driven a vehicle kid in Grand-ro, Seo-gu, Seo-gu, Seo-gu, Gwangju, from the parking lot of Geumhodong to the front road of the Songho-dong, Seo-gu, Gwangju, with approximately 2 km alcohol level 0.123% alcohol level without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the register of driver's licenses, and the circumstantial statement of the driver;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 fact that there exists a record of being punished twice for the crime of violating the Road Traffic Act as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act: Provided, That the punishment shall be determined as ordered in consideration of the fact that there is no criminal record exceeding a fine and the blood alcohol concentration, etc.