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(영문) 광주지방법원 해남지원 2015.02.12 2014고단400
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 December 1, 2014, at around 14:55, the Defendant driven B vehicles with blood alcohol concentration of 0.089% at a distance of about 1 km from the front day of the Dunaebri to the front day of the same Gunnnam-gu, Chungcheongnamnam-do without obtaining a driver’s license, and at the same time, drive B vehicles under the influence of alcohol level of 0.089%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of statutes governing enforcement manuals;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name and behavior, family environment, and various circumstances, such as the age, character

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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