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(영문) 광주지방법원 해남지원 2014.11.12 2014고단244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On December 7, 2001, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Suwon District Court on April 12, 2004, and was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Ansan District Court on April 12, 2004, and was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on January 3, 2007. On June 20, 2008, the Defendant was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on June 20, and was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving without a license) at least twice.

On July 7, 2014, at around 20:55, the Defendant driven a BFstst or other car under the influence of alcohol by 0.121% without obtaining a driver’s license in a section of about 4km from the road located in the Choyang-ri, Jeonnam-gun, Chungcheongnam-do, Namnam-do, to the front day of the Choyang-ri located in the same Doncheon-ri.

Summary of Evidence

1. Defendant's legal statement;

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

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes of Part IV, such as criminal records, reply reports, and written judgments;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name and behavior, family environment, and various circumstances, such as the age, character

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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