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(영문) 광주지방법원 2014.09.16 2014고단2504
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

On January 24, 2013, the Defendant issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act at the Gwangju District Court on January 24, 201, and on January 7, 2014, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

At around 22:55 on June 11, 2014, the Defendant, without obtaining a driver’s license, driven a C vehicle of about 1 km from the cafeteria-dong Do-dong Do-dong to the next Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of a circumstantial statement of a drinking driver, and a record of crackdown on drinking driving;

1. The driver's license register;

1. Previous records: Application of criminal records and other inquiries inquiry reports (A), investigation reports (report accompanied by a copy of a summary order);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and Article 62-2 of the Act on Probation, etc., and Article 59 of the Act on Probation, etc., not only driven a motor vehicle while the driver's license was revoked, but also committed the crime of this case even though he had been punished twice due to the crime of drinking driving, which is the same kind of crime in the past, as seen in the previous conviction in the judgment, and it is difficult to see that the degree of the driver's license of the defendant

(b).

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