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(영문) 광주지방법원 2015.05.19 2015고단83
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act on August 22, 2008, and was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act on December 4, 2014 and was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act on at least two occasions.

1. [2015 Height 83] The Defendant driven B car at the section of about 3 km from the 15km-gun, Young-gun, Young-gun, Yannam-gun, to the front road of the White-dong, Young-gun, Jeonnam-gun, U.S., in a state of under the influence of alcohol of 0.170% of alcohol without a driver’s license on December 21, 2014.

2. [2015 Highest 679] On February 8, 2015, the Defendant driven a B car car at the section of approximately 13 km from the upper corner of the Suwon-gun Joint Wholesale Market, which is located in the legal aspect of the Jeonnam-gun, Jeonnam-gun, without obtaining a driver’s license on February 8, 2015 to the upper corner of the two km-ro, Jeonnam-gun, Young-gun.

Summary of Evidence

[2015 Height83]

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. A report on detection of a driver and a report on the status of the driving of a driver;

1. The register of driver's licenses (2015 highest 679);

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. The register of driver's licenses (previous record on market);

1. Inquiry reports on criminal records, etc., investigation reports (Attachment to a summary order for related cases), and application of each summary order statutes;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 (Mutual Crimes of Article 1 at the Time of Sales) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are applicable.

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