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(영문) 전주지방법원 남원지원 2014.05.13 2014고단43

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 27, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the support of the Southern District Court of the Jeonju on September 27, 2007. On May 20, 2008, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

On March 8, 2014, at around 19:58, the Defendant driven B Pod-car without a car driver’s license, while under the influence of alcohol content of about 0.108%, at a section of about 3 km from the front day of the king-si, Namwon-si to the front day of the Gangseo-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of, and circumstantial statement of, a host driver;

1. A driver's license inquiry;

1. Previous records: Application of criminal records and investigation reports (former records and attachment of court rulings, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 152 (1), and 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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