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(영문) 광주지방법원 순천지원 2014.09.03 2014고단994
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

Defendant of criminal records 2010

5. On January 28, 201, Gwangju District Court rendered a summary order of KRW 2 million for a violation of the Road Traffic Act in the net support of Gwangju District Court, and on January 28, 201, the same court issued a summary order of KRW 3 million for a fine for a violation of the Road Traffic Act.

Criminal facts

On May 18, 2014, at around 20:50, the Defendant driven a B tea with a blood alcohol content of 0.116% under the influence of alcohol without obtaining a driver’s license from approximately 10km section from the front day of the mutual influoral fluoral fri in Gyeyang-gu, Chungcheongnam-do to the front day of the “agricultural sand” located in the same Doyang-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of two copies of criminal records and summary order under 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 201Do139, Apr. 1, 201);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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