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광주지방법원 해남지원 2014.07.16 2014고단106

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 August 27, 2009, the defendant was sentenced to a fine of KRW 3 million due to the violation of the Road Traffic Act in the Gwangju District Court's support on August 27, 2009, and was sentenced to two times more of the same power.

On February 28, 2014, at around 20:50, the Defendant driven a DNA observer car owned by the Defendant without obtaining a driver’s license in approximately 5km section from around 0.144% of alcohol alcohol level, to the Domp high-speed ginseng distance in front of the house of the Republic of Korea, Namnam-gun, Seoul-gun, via the same Masan-ri, Masan-ri, Masan-ri.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of three copies of judgment-making Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name and behavior, family environment, and various circumstances, such as the age, character

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;