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(영문) 광주지방법원 목포지원 2014.05.22 2014고단308
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2009, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch on January 8, 2009, and the same court on October 18, 201, sentenced to a suspended sentence of two years for four months by imprisonment for a violation of the Road Traffic Act (driving).

On February 20, 2014, at around 00:30, the Defendant driven Bbeer or car while under the influence of alcohol by 0.144%, without obtaining a driver’s license, from around 3 km section from around the central market of Sipopopo City to 162-1nd road of Sipopopo City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. A report on detection of a driver;

1. Inquiries about criminal records, etc. (A), - Application of Part IV of the judgment;

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 on the stay of execution (Article 62 (1) of the Criminal Act on the condition of probation and community service shall be suspended only once, in consideration of the fact that the defendant has been punished several times as a result of sound driving and driving without a license, but the defendant recognizes his/her misconduct and reflects his/her misconduct, not re-offending during the suspension of execution period, the fact that the defendant has no criminal record, the age

1. Probation and community service order under Article 62-2 of the Criminal Act;

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