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(영문) 광주지방법원 2014.11.05 2014고단3398
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant, at the Gwangju District Court, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and on March 15, 201, at the Gwangju District Court, issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on at least two occasions. On August 15, 2014, the Defendant was driving a B-car under the influence of alcohol concentration of KRW 0.79% under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions: Application of the Acts and subordinate statutes in which criminal records and copies of summary order are recorded;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment, and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);

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