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(영문) 광주지방법원 2015.02.04 2014고단4934

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 16, 2011, the Defendant, at the Gwangju District Court, issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court, and at the same court on July 18, 2012, received a summary order of KRW 5 million from a fine of KRW 5 million for the same crime on at least two occasions. On October 16, 2014, at around 00:10 on October 16, 2014, the Defendant driven a B-D car while under the influence of alcohol of KRW 100,00,000,000,000 for a fine of KRW 1.62% under the influence of alcohol without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes entered in reference to criminal records;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. Article 59 (1) and (2) of the Act on Probation, Order to Attend Probation, etc.;