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(영문) 광주지방법원 목포지원 2015.04.06 2015고단161
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

On January 5, 2011, the Defendant was sentenced to a suspended sentence of one year for three months by imprisonment for a violation of the Road Traffic Act in the Gwangju District Court's wooden branch. On August 29, 2014, the Defendant was issued a summary order of 4.5 million won by the same court.

On February 8, 2015, at around 18:45, the Defendant driven B 2 freight cars with approximately 0.158% alcohol concentration without obtaining a driver’s license in the section of approximately 600 meters, from the front of the Kanananan-gun apartment to the front of the Kanan-gun, U.S., Nanan-gun, Nan-gun, Nan-gun, Nanan-gun, Nanan-gun, Gan-gun, Kan-gun, Kan-gun, Kan-gun, Kan-gun, Kan-gun, Kan-gun, Kan-

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Investigative Report (Verification of Suspect A-Class Electric Power), - Summary Order, - Application of Court Decision 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 (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act on Probation recognize and reflects his/her mistake, the fact that there is no criminal record other than the criminal record for drunk driving as indicated in the judgment, the defendant's age, character and conduct, family relationship, etc. are considered, and the execution of the sentence against the defendant is suspended on condition of probation.

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