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(영문) 광주지방법원 순천지원 2015.11.17 2015고단1584
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on February 15, 201, and a person who was issued a summary order of KRW 4 million for the same crime in the same court on December 10, 2012 and was issued a summary order of KRW 4 million for the same crime at the same court on April 201.

The defendant is the driver of B 125cc B, B, B.

At around 16:55 on August 13, 2015, the Defendant, without obtaining a license for a motorcycle, driven a 200-meter off the uppermost 5-meter of the river mouth in front of the night restaurant located in the exchange line of the relevant city at the same time, while under the influence of alcohol by 0.232% of the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Optional punishment of imprisonment and fine;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered reflective points);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the same type of power is the same as a fine, and it shall be taken into account that it was a driver);

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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