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(영문) 광주지방법원 순천지원 2015.04.22 2015고단12
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 July 31, 2007, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act, and on July 9, 2014, the same court issued a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act.

On December 27, 2014, at around 00:50, the Defendant driven a CTrack vehicle under the influence of alcohol content of 0.169% without obtaining a driver’s license from the front of the Agricultural Cooperatives Federation located in Fari-si to the interest class roads in the same city of Pyeongtaek-dong from approximately 5km to the interest class roads in the interest class.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving (A), the report on the state of his/her oral statement (A), and the register of driver's licenses (A);

1. Previous convictions in judgment: An investigation report (a report on confirmation of criminal records of the same kind), and application of Acts and subordinate statutes of three summary orders;

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 fact that community service and lecture attendance order under Article 62-2 of the Criminal Act contain high blood alcohol concentration for sentencing, three previous convictions for the same offense of violation of the Road Traffic Act, three previous convictions for the same offense of violation of the Road Traffic Act, one time for the same offense of violation of the Road Traffic Act, and five months have not passed since the fine was imposed in accordance with the crime of violation of the Road Traffic Act.

However, the execution of imprisonment is suspended in consideration of favorable circumstances, such as the violation of one's mistake, and there is no criminal conviction or more than a suspended sentence, and the community service and the order to attend the law-abiding lecture to prevent recidivism.

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