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(영문) 광주지방법원 순천지원 2014.12.10 2014고단1215
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 June 5, 2008, the Defendant was notified of a summary order of a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 5, 2008. On August 22, 2008, the Defendant was sentenced to a suspended sentence of two years for eight months for a violation of the Road Traffic Act in the Gwangju District Court's net support on August 22, 2008. On February 14, 2014, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act by the Gwangju District Court.

Criminal facts

On June 30, 2014, at around 22:30, the Defendant driven Bsch-ton car under the influence of alcohol concentration of 0.09% without obtaining a driver’s license from around 7 km section to the publicity center of the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Report on internal investigation (the concentration of blood alcohol in the application of the Radmark formula);

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and investigation reports (Attachment of judgments in violation of the Road Traffic Act) and the application of 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Apr. 2, 201);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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