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(영문) 광주지방법원 해남지원 2015.01.21 2014고단367

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

[criminal power] On March 31, 2008, the defendant has a record of being sentenced to a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) in the support of the Gwangju metropolitan District Court on September 23, 2008; KRW 3 million as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving); and on December 30, 201, in the support of the Gwangju metropolitan District Court on December 30, 201, the defendant has a record of receiving a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licensed driving) in the support of the Gwangju metropolitan District Court on September 23

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as stated in the above criminal records, on November 17, 2014, at around 21:25, the Defendant driven BcoC car while under the influence of alcohol with approximately 0.100% of the blood alcohol concentration without obtaining a driver’s license in the section of about 200 meters from the front side of the seaside-do Eup located in the front side of the west-do Eup in the front side of the west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary order three copies of the relevant 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. 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. Not less than Article 62-2 of the Criminal Act to provide community service and attend lectures;