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Reasons
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(영문) 광주지방법원 순천지원 2014.10.24 2014고단1407
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for one year.

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

On July 26, 2014, the Defendant, without obtaining a driver’s license at around 03:20, driving a 20km or car at 0.20 km from the front of the Sincheon-ro Hospital to the front road of the Sincheon-si Highway 98.2 km (Yaambamb) in the Sincheon-si Municipal Ordinance-dong at the same time, with the blood alcohol concentration of 0.20 %.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the defendant had been punished for the same kind of drinking driving on several occasions, has committed the crime of this case, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.

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