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(영문) 광주지방법원 2014.11.18 2014고단2460
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for nine 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

On June 18, 2010, the defendant issued a summary order of KRW 3 million to a fine of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court on June 18, 2010, and a fine of KRW 3 million for a violation of the Road Traffic Act at the same court on July 30, 2010.

[2014 Highest 2460] On May 1, 2014, the Defendant driven D Neow-si car in the state of alcohol alcohol concentration of approximately 0.08% from a section of about 100 meters to a 100-meter radius from the front road of a static apartment cafeteria located in the Sun-gu, Yan-gun, Chon-gun.

[2014 Highest 3769] On August 8, 2016, the Defendant driven a DNS car under the influence of alcohol level 0.120% while under the influence of alcohol level 0.120%, without obtaining a driver’s license in approximately 200 meters from the front of the East Cata in the Japanese Egymbane in the Jeonnam-Eup, Seoul to the front road in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, and the register of driver's licenses of each driving driver;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by a copy of the summary order);

1. Article applicable to criminal facts;

(a) For each drunk driving: Imprisonment with prison labor for a crime of violating the Road Traffic Act due to a drunk driving on May 1, 2014 under Article 148-2 (1) 1, 44 (1), and 1 of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant committed each of the crimes of this case, he/she committed each of the crimes of this case, even though he/she had committed three times a total of the reasons for sentencing under Article 62-2 of the Criminal Act, and in particular, again committed the same following crimes after the defendant was prosecuted for the preceding crimes

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