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(영문) 광주지방법원 순천지원 2014.02.04 2013고단2315
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 June 7, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and KRW 4 million as the same crime in the same court on July 5, 2013.

Criminal facts

On November 8, 2013, at around 20:30, the Defendant driven a motor vehicle with B windowatom without a driver's license, from around 2Km section to around 0.081% of blood alcohol content in the front of the luminous-dong located in the same luminous-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Inquiries and investigation reports (verification of records of punishment for drunk driving at least twice of a suspect) shall apply to 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006) (3)

1. Article 62 (1) of the Criminal Act;

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

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