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(영문) 전주지방법원 군산지원 2015.08.12 2015고단461
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 November 29, 2011, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on November 29, 201, and on July 31, 2013, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act in the same court on July 31, 201.

On March 15:02, 2015, the Defendant driven C 110cc Mebane in the state of under the influence of alcohol 0.175% without obtaining a motorcycle driver’s license from the construction site at which it is impossible to know about the circulation in the Gunsan City Campaign, and from the construction site at which it is impossible to find out about 4cm in the same Sinsidong to the robian road in the same Sinsidong, and without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss of judgments: Criminal records, inquiry reports, each written judgment, and the application of Acts and subordinate statutes attaching a copy of 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 2 of Article 154 and Article 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 (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

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