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(영문) 광주지방법원 순천지원 2014.01.29 2013고단2378
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 20, 2010, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s Circuit Branch on August 20, 201, a fine of 3.5 million won for the same crime in the same court on March 23, 2011, and a suspended sentence of one year for six months for the same crime in the same court on April 5, 2012.

【Criminal Facts】

On August 23, 2013, at around 23:37, the Defendant: (a) from the front day of the Geumnam-si in the Geumcheon-si, the Geumdong-si, to the Handong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, the Defendant was driving the E Pccctra without a vehicle driver’s license, and (b) was under the influence of alcohol with approximately 500 meters of blood alcohol concentration 0.147% while driving the said Sctra-dong-dong-dong-dong-dong-dong-dong-dong-dong-si without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (reports attached to previous judgments and attachment of written judgments), and application of statutes governing judgment;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is against his or her will, the degree of taking such measures, the frequency of the same criminal records, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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