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(영문) 광주지방법원 순천지원 2014.07.22 2014고단548
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 of the final judgment.

Reasons

Punishment of the crime

On July 18, 2011, the defendant was notified of a fine of KRW 4 million for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. On January 13, 2014, the defendant was notified of a fine of KRW 4 million for the violation of the Road Traffic Act in the Gwangju District Court's net support on January 13, 201.

On March 29, 2014, at around 15:35, the Defendant, without a driver’s license, driven a C salary solid truck, which is equivalent to 2 kilometers from the front of the Gwangju District Court’s net support building located in the Ycheon City Ordinance-dong to the front of the municipal ordinances located in the Ycheon City Municipal Ordinance-dong, while under the influence of alcohol by 0.19% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of drivers' licenses and reports on detection of drivers;

1. Previous for judgment: Application of criminal records, probationary records, and records of the control of drinking driving 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 ( Taking into account the reflective points and the fact that there is no criminal history exceeding the fine);

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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