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(영문) 광주지방법원 2014.03.07 2014고단408
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 February 15, 2013, at the Gwangju District Court, the Defendant received a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the same court on January 23, 2014.

On January 19, 2014, at around 14:32, the Defendant driven a rash car without obtaining a driver's license on the section of about 10km from the front side of the Pyeongtaek-dong road located in the Pyeongtaek-gu, Gwangju Metropolitan City to the front side of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the 2nd side of the Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on the actual state of the driver;

1. A previous conviction: Application of a reply to inquiry, such as criminal records, investigation report, and 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that there exists a record of the same kind of crime);

1. Probation under Article 62-2 of the Criminal Act;

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