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(영문) 광주지방법원 2014.05.21 2014고단1091

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be set forth in six months.

except that 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 March 11, 2014, at around 22:25, the Defendant driven a Bone Star Cargo under the influence of alcohol concentration of about 300 meters at around the 171st e-mail of Gwangju Mine to the road near the e-mail station in the Gwangju Mine-gu, Gwangju Mine-ro, and at least 0.065% under the influence of alcohol concentration without car driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the fact inquiry as to the result of drinking driving control;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

(a) 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 sentence prescribed in Articles 40 and 50 of the Criminal Act (the punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that it is contradictory and the distance of driving is not long) is higher than that of the Criminal Act;