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(영문) 광주지방법원 해남지원 2015.04.08 2015고단68

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 25, 2014, at around 20:25, the Defendant driven a CBa car under the influence of alcohol content of about 0.073% while under the influence of alcohol without obtaining a driver’s license in approximately 10km section from the front of a cafeteria in front of a mutually influent restaurant located in the west-gun, Southern-gun, Namnam-gun, Seoul, to the front of the Choyangdo-ri located in the same Dondo-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of running sound, the choice of imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the former has been subject to punishment twice due to a sound driving, and the latter has been finally punished on June 27, 2014; however, even if he/she was finally punished on June 27, 2014, he/she had a history of being punished by imprisonment without labor or heavier punishment, and the latter has no record of being sentenced to punishment, and the latter has no record of being sentenced

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;