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(영문) 광주지방법원 순천지원 2014.02.19 2013고단2410
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 December 24, 2008, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act by the Gwangju District Court for the purpose of violating the Road Traffic Act (LA). On April 26, 2012, the Defendant was sentenced to a fine of 7 million won for the violation of the Road Traffic Act (LA) in the Support of the Gwangju District Court.

On November 23, 2013, at around 00:54, the Defendant, without a driver’s license, driven a car of approximately 500 meters from the day near the entrance distance at the entrance of gold apartment, which is in the summer-dong at a leisure time, to the road located in the same Dong, while under the influence of alcohol by 0.11% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A certificate proving the measurement of drinking alcohol and the collection of blood;

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

1. License register;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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