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(영문) 광주지방법원 장흥지원 2014.06.19 2014고단17
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On August 24, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s Seoul District Court’s distribution support, and on July 30, 2012, the Defendant issued a summary order of KRW 2 million for the same crime, etc. in the same court on July 30, 2012, and on November 21, 2013, the Defendant issued a summary order of KRW 5 million for the same crime, etc. in the same court on November 21, 2013 and violated Article 44(1) of the Road Traffic Act on at least two occasions.

At around 13:35 on December 30, 2013, the Defendant driven a C-wing truck with approximately 15 km of alcohol content 0.181% under the influence of alcohol without the driver’s license to the roads in front of the village in Busan in the same Gun as the Do of the Do of the Do of the Do of the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant, even in the last year of 2010, 2012 and 2013, without being aware of the record of punishment for drinking driving or driving without a license, led to the instant crime of the same kind, and that the blood alcohol concentration at the time of driving is significant.

However, considering the fact that the defendant has no record of being punished more severe than the fine, the fact that the defendant knows the crime and commits the crime against the wrong, the fact that the defendant is in an economically difficult situation, and the defendant must support his or her wife and children as the most difficult situation, and all other conditions of sentencing as shown in the records and arguments such as the defendant's age, character and behavior, environment, motive and means of the

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