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(영문) 광주지방법원 순천지원 2014.08.29 2014고단1065
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 27, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 27, 2007, and a summary order of KRW 1.5 million for the same crime in the same court on March 25, 2013, respectively.

【Criminal Facts】

On June 18, 2014, the Defendant, without obtaining a driver’s license at around 20:00, driven a Bunst-free car at the 1km section from the front of the Cheongam Loan in the Cheongcheon-dong, 0.158% under the influence of alcohol at around 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Criminal history records, etc., an inquiry report, an investigation report (a copy of a summary order issued on the same attached power), and the application of two copies of summary order Acts and subordinate statutes;

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.

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