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(영문) 광주지방법원 목포지원 2014.05.09 2014고단281
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On May 15, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 500,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s support on May 15, 2009, and a fine of KRW 1.5 million as a same crime at the Gwangju District Court on June 22, 201.

【Criminal Facts of Crimes】 On March 7, 2014, the Defendant driven Bone Star Cargo under the influence of alcohol content of 0.081% without a vehicle driver’s license at approximately 500 meters from the roads in front of the Dong-ro, Young-ro, Seoul Metropolitan City, to the front road of the Dong-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Before judgment: References to criminal records, references to criminal records, and application of Acts and subordinate statutes shall apply to investigation reports (Attachment to summary orders);

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 a sentence as a matter of choice of imprisonment with prison labor (in addition to the normal criminal power, 700,000 won for a fine of 1.5 million won for a drunk driving, etc. in 198, 1.5 million won for a fine of 2000, 2005, 2 million won for a fine of 2005, and 7 million won for a refusal to take a alcohol test, and considering the fact that a vehicle driven at the time of punishment of 2012 is deemed to have continuously driven by the defendant, such as the instant vehicle, while the vehicle driven at the time of punishment of 2012, the defendant is deemed to have continuously driven without obtaining a license);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 20

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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