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(영문) 광주지방법원 2015.04.03 2015고단113
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 14, 2015, at around 01:41, the Defendant driven a B low-speed car with blood alcohol level of 0.150% under the influence of alcohol without obtaining a driver’s license in the section from the roads adjacent to an official military unit in the new village of Gwangju Mine-gu to the roads adjacent to the above military unit.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of statutes, such as site photographs;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (a violation of the Road Traffic Act due to a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (the defendant reflects his depth and has no previous conviction or more than a suspended sentence) is in excess of the suspended sentence;

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