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(영문) 광주지방법원 순천지원 2014.01.29 2013고단2254
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 October 19, 2007, the Defendant received a fine of KRW 1 million for a violation of the Road Traffic Act from the Gwangju District Court’s Netcheon Branch on October 19, 2007, and a fine of KRW 3 million for the same crime at the same court on January 2, 2012.

On September 30, 2013, at around 23:20, the Defendant driven a motor vehicle for the Category C in the state of alcohol alcohol concentration of about 0.168% without a driver’s license, at a distance of about 300 meters from the front of the Gamyang-si, which is located in the Manyang-si Pungyang-si, to the front of the 300-meter Manyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control of drinking driving and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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