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(영문) 광주지방법원 순천지원 2015.05.13 2015고단432
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 May 13, 2008, the defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on May 13, 2008, and on June 12, 2014, the defendant was notified of a summary order of a fine of two million won for the same crime in the same court and violated the prohibition of the violation of the Road Traffic Act at least twice.

On March 4, 2015, at around 00:11, the Defendant driven B K5 cars under the influence of alcohol concentration of 0.110 percent without obtaining a driving license for blood alcohol leveling from the front side of the national ELE, Dong-dong, Dong-dong, to the front side of the same small network intersection, without obtaining a driving license for 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects, such as violation of the Road Traffic Act (driving) and reporting on the state of driving without a license, reporting on the state of driving without a license, report on the circumstantial statement of a driver with a driver with a alcohol driver, measurement of alcohol and confirmation of collection of blood, and

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, inquiry reports (attached to indictments and copies of a summary order), indictments, etc.;

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

1. Article 62 (1) of the Criminal Act;

1. To consider the fact that there is a high blood alcohol concentration in the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and that there is no criminal conviction of the same kind of crime and four times for the violation of the Road Traffic Act, and that there is no criminal conviction of a suspension of normal execution or more favorable, and all other conditions of sentencing that are shown in the records, such as the

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