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(영문) 광주지방법원 순천지원 2015.02.05 2014고단1879
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

[Around June 27, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 27, 2008. On June 10, 2013, the Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court.

【Criminal Facts】

On October 25, 2014, around 13:25, 2014, the Defendant driven Calba while under the influence of alcohol 0.194% of alcohol content without a driver’s license, from around 4km section from the Do in front of the docdong in the Socheon-si Pung-dong to the road front of the same Sinbdo-dong.

Summary of Evidence

Application of Acts and subordinate statutes to legal statements by defendants, registers of driver's licenses, reports on driving by driving drivers, inquiry reports, copies of each summary order

1. Relevant statutory driving for a crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act (Taking into account the fact that he/she has not been convicted of imprisonment or any heavier punishment and the fact that he/she reflects mistake);

6. Order to attend lectures under Article 62-2 of the Criminal Act;

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