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(영문) 광주지방법원 순천지원 2014.06.18 2014고단638

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 July 13, 2009, the Defendant was punished by a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 13, 2009, a fine of one million won for the same crime in the same court on September 17, 2010, and a fine of five million won for the same crime in the same court on January 10, 2013.

On April 13, 2014, at around 17:40, the Defendant driven the said car under the influence of alcohol concentration of approximately 0.086%, without a driver’s license, on the 16km section from the 3rd apartment of the Municipal Ordinance of Mancheon-si to the Manyang-si located in the Manyang-si in the Manyang-si-si in the Manyang-si-si, at around 19:30 on the same day until the 16km-si reaches the road front of the fishery market in the Mancheon-si Ordinance-si, and on the same day, at around 2:45 on the same day, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.086% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;