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(영문) 광주지방법원 2014.03.07 2014고단366
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 July 25, 2007, the Defendant received a fine of 2 million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on July 25, 2007, and a fine of 2 million won due to a violation of the Road Traffic Act (driving) at the same court on October 23, 2007.

On December 30, 2013, at around 16:20, the Defendant driven a Category B-line vehicle owned by the Defendant without the driver’s license, while under the influence of 0.139% of the blood alcohol concentration, the Defendant driven a Category B-line vehicle under the influence of 0.139% of the blood alcohol concentration from the front of the road to the shower loan parking lot located in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, the control point.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on the actual state of the driver;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 on the suspended execution (Consideration of the fact that there exists a record of the same kind of crime);

1. Probation under Article 62-2 of the Criminal Act;

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