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(영문) 광주지방법원 목포지원 2014.12.29 2014고단1738
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 28, 2010, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving) in the Gwangju District Court's Yanpoon branch on April 28, 2010, by the same court on July 24, 2012, as a crime of violation of the Road Traffic Act (driving). On January 8, 2013, the same court issued a fine of KRW 7 million by the same court on January 8, 2013.

On June 25, 2014, at around 20:41, the Defendant driven the B-wing truck with a blood alcohol concentration of about 0.098% while under the influence of alcohol at about 100 meters, without obtaining a driver’s license, from the front of the Han River board located in the B-gu Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the front road located in the B-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Notification of a result of drinking driving control (electronic document);

1. A inquiry report, such as criminal records;

1. Investigation report (Attachment of a suspect A-class judgment), - Copy of summary order application of 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 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is to recognize and reflect the defendant's mistake, to have no record of criminal punishment exceeding a fine, to reduce the defendant's punishment by taking into account the defendant's age, character and conduct, family relationship, etc., and to suspend the execution of the sentence on condition of probation.

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