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(영문) 광주지방법원 2014.12.10 2014고단3889

도로교통법위반(음주운전)등

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The punishment of the accused shall be determined by eight months 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 February 12, 2009, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act (fluence) at the Gwangju District Court on two occasions or more, and the Defendant was a person who violated Article 44(1) of the Road Traffic Act (fluence). On September 30, 2014, around 00:10 on September 30, 2014, 500 meters away from the front side of the glusium located in the Nam-gu Namdong-gu Busan metropolitan City to the glusium glusium in the same Dong without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the register of driver's licenses on the accused;

1. Descriptions of a report on detection of a host driver;

1. Previous convictions: Application of Acts and subordinate statutes entered in 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 154 subparagraph 2 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. Mitigation of discretionary discretions under Articles 53 and 55 (1) 3 of the Criminal Act (including the point of driving a motorcycle and the point that the distance of driving the motorcycle cannot be deemed to run, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

1. Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Act on Probation, etc.;