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(영문) 광주지방법원 2015.02.11 2015고단56
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

On November 17, 2014, the Defendant driven a Dom 520 vehicle under the influence of alcohol content 0.313% without a car driver’s license, under the influence of alcohol content 0.313% by the Defendant’s mother, who is in netcheon City C, from the front of his house to the top 54.2km of the Honam Highway, located in the Gero-Gun in the front of his house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 21,

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