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(영문) 전주지방법원 남원지원 2014.01.14 2013고단269

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Southern District Court of the Jeonju on November 13, 2009, and a summary order of KRW 2.5 million as a fine in the above court on October 26, 2012.

On November 15, 2013, at around 20:0, the Defendant driven B-type cargo vehicles with a blood alcohol concentration of 0.131% under the influence of alcohol without a car driver’s license, from around 5 km section from the front day of Pungwon-si Do-si to the front day of Do-si, instead of the same king-dong to the front day of Do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (previous records and summary orders) including criminal records, and Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1148, Apr. 1, 2009; Decision 2009Do1489,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;