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(영문) 광주지방법원 순천지원 2014.04.25 2014고단47
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 November 22, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on November 22, 2010. On December 30, 2010, the same court was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving without a license), and there was a record of being issued a summary order of KRW 2.5 million for other crimes of violation of the Road Traffic Act (driving without a license) three times.

【Criminal Facts of Crimes】 On December 21, 2013, the Defendant driven BM520 vehicles from the 300-meter section to the front road of the SM520 meters away from the GM520-meter section of the GM520 vehicle under the influence of alcohol concentration of 0.07% at the 0.07% under the influence of alcohol without a driver’s license on December 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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