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(영문) 광주지방법원 목포지원 2015.06.11 2014고단1229
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 April 12, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act from the same support on January 29, 2013, respectively.

On May 10, 2014, at around 22:55, the Defendant driven B cargo vehicles under the influence of alcohol content of 0.332% without obtaining a driver’s license from the front of the live fishing village restaurant, which is located in the middle of the hiven city to the front of the hiven city in the hiven city in the hiven city in wooden-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. An investigation report (verification of the same type of power), - Application of a summary order (Evidence Record No. 42, No. 44 of the Evidence Records) for each Gwangju District Court;

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 (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Although the Defendant’s blood alcohol concentration in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is highly high, the Defendant’s mistake is recognized and reflected, the Defendant has no record of criminal punishment exceeding a fine, the Defendant’s age, character and conduct, family relationship, etc. are to be mitigated to reduce the sentence against the Defendant, and the execution of the sentence is to be postponed.

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