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(영문) 광주지방법원 2014.07.15 2014고단1601

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant is a driver of Bknif vehicle. On March 28, 2014, at around 03:08, the Defendant driven the said vehicle with approximately KRW 700 meters of alcohol from the Sejong Paklet in Seo-gu, Seo-gu, Gwangju to the blind-si in the same Dong, while under the influence of alcohol by 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. The circumstantial statement of the employer-employed driver, written notice of his/her oral statement;

1. Application of the statutes on the register of driver's licenses;

1. Article applicable to criminal facts;

(a) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 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. Article 62 (1) of the Criminal Procedure Act;

1. In view of the fact that the Defendant, on July 19, 201, had been sentenced to two years of the suspended sentence on July 19, 201 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of the same Act, even though he/she had been sentenced to two years of the suspended sentence on July 19, 201, driving a vehicle in a state without being aware of it,

However, in light of the fact that the defendant reflects the crime of this case and repents the wrong facts, and other circumstances such as the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall be determined and the execution of the above punishment shall be suspended only once. It is so decided as per Disposition.