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(영문) 광주지방법원 2014.05.09 2014고단1600

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2014, around 13:34, 2014, the Defendant driven C Daean CAOba while under the influence of alcohol of about 0.105% without obtaining a motorcycle driver’s license from the front side of the “Yannam Agricultural Products” 116, Changdong-dong-dong-dong, to the front side of the “the Elderly Welfare Center,” located in the same Sinsan-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides for a punishment as the order, in consideration of the following circumstances: although the defendant has a history of being sentenced to a fine and a suspended sentence due to the same crime, the defendant is going not to drive again by disposing of

1. Probation under Article 62-2 of the Criminal Act;