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(영문) 광주지방법원 장흥지원 2015.02.05 2014고단224

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 December 22, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on December 22, 2010, and issued a summary order of KRW 5 million for the same crime at the Gwangju District Court on September 13, 2013 and violated Article 44(1) of the Road Traffic Act at least twice.

On October 13, 2014, at around 14:45, the Defendant driven a B-use car with approximately 10km section from the front of the Cheongwon apartment located in the Cheongcheon-gu, Seoul Special Metropolitan City, the Seoul Special Metropolitan City, to the front of the Cheongcheon-gu parking lot via the same riman Until the Doromomo-si road, without a vehicle driver’s license, while under the influence of alcohol content of 0.143%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. 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. Although the application of Article 62-2 of the Criminal Code to attend lectures was made before and after the same offense, the corresponding punishment is required for the crime of this case, but the confession and reflect is taken into account.