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(영문) 광주지방법원 순천지원 2015.09.15 2015고단1154
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 5, 2006, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on September 5, 2006, and was sentenced to a suspended sentence of 4 million won in the same court on November 25, 2014, and was sentenced to a summary order of 4 million won in the same crime.

【Criminal Facts】

On May 25, 2015, the Defendant, without obtaining a driver’s license, driven a car with approximately 400 meters in a volume B Stti vehicle in front of the Licheon-dong Licheon-si, which is located in the same Sincheon-si in front of the Licheon-si, while under the influence of alcohol of 00:01% in blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Notification of the results of the drinking-driving control, the register of driver's licenses, and investigation report (related to the calculation of negative values);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the period of suspended sentence of imprisonment is ten years or more, the recent period of imprisonment is the past period of ten years, the recent period of imprisonment is the past period of fine, and the reflective period);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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