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(영문) 광주지방법원 2014.09.19 2014고단2246

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On July 9, 2008, the Defendant: (a) was a person who had been sentenced to a suspended sentence of four-month imprisonment with prison labor for a violation of the Road Traffic Act; (b) on October 25, 2012 to a suspended sentence of six-month imprisonment with prison labor for a crime of violation of the Road Traffic Act; and (c) on October 25, 2012, the Defendant was a person who had been engaged in a violation of the Road Traffic Act two or more times. (d) around 00:00 on June 15, 2014, from the front side of the current Eurg Apartment apartment located in the Gwangju Mine-gu, Gwangju Metropolitan City to the flown-do, the Section 2 km away from the front side of the current Eburg apartment located in the Seo-gu, Gwangju Metropolitan City to the flown-do, without a driver’s license, while under the influence of alcohol of 0.192% by a vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(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 152 subparagraph 1 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);