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(영문) 광주지방법원 순천지원 2014.01.29 2013고단2332

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 July 18, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Gwangju District Court's net order in the Gwangju District Court's branch on July 18, 2008, and a summary order of KRW 1.5 million for the same crime in the same court on April 24, 2009.

Criminal facts

On November 4, 2013, at around 21:00, the Defendant driven a B ballon car with blood alcohol concentration of about 0.134% without a driver’s license in the 2km section from the back acid of the Yongsan Village in the Jinyang-si, the Jinyang-si, to the island distance of the same 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same summary order of a suspect);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;