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(영문) 광주지방법원 순천지원 2014.11.04 2014고단1329
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 31, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on October 31, 2008, and a summary order of KRW 4 million for the same crime in the same court on December 2, 2009.

On July 16, 2014, at around 15:14, the Defendant driven a D Poter II cargo vehicle without a driver’s license, while under the influence of alcohol leveling 0.16% from about 4 km to the front road of the same Do-ro, 16 Do-dong, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong,

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

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