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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1000

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 June 19, 2013, the defendant issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court on June 19, 2013, and a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act from the same support on February 19, 2008.

At around 14:30 on May 2, 2014, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a 260o8361, while under the influence of alcohol with approximately 5km alcohol content 0.068% from the front of the bus terminal located in the Sinpo City, Mapo-si, Sinpo-si to the front road located in the Sinpo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of a reference inquiry report and investigation report, and Acts and subordinate statutes, such as criminal records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to determine the punishment against the defendant in consideration of the defendant's erroneousness, the fact that the blood alcohol concentration is not high, the fact that the defendant disposed of the vehicle operated by him, the defendant's age, character and conduct, family relationship, etc., and to postpone the execution thereof.