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(영문) 광주지방법원 순천지원 2014.05.14 2014고단404
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 November 23, 2007, the Defendant was sentenced to a fine of KRW 2,500,000 for the crime of violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on November 23, 2007, and received a summary order of KRW 1,50,000 for the same crime in the same court on October 11, 201.

On March 1, 2014, at around 00:15, the Defendant, without obtaining a driver's license, driven a Cknife car at approximately 300 meters from the 300-meter section in front of the second apartment of the two king 5-lane in the same city, while under the influence of alcohol by 0.170%, while under the influence of alcohol, the Defendant was driving the Cknife car at the 00-meter section from the front of the two king apartment in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Registers of driver's licenses;

1. A previous conviction in judgment: Criminal records, investigation reports (Attachment of a copy of the same type of judgment), a copy of the judgment, and the application of Acts and subordinate statutes governing summary order;

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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