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(영문) 광주지방법원 2014.05.23 2014고단1123
도로교통법위반(무면허운전)등
Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2014, the Defendant was notified of a summary order of KRW 4 million by a fine of KRW 4 million by a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 3, 2013, and a summary order of KRW 1 million by a fine of KRW 3 million by a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 3, 2013. On March 20, 2014, the Defendant was driving a BSF car under the influence of a 400-meter section from the front day of the golf driving range in Black-dong in the Gwangju Mine-gu, Gwangju District on March 20, while under the influence of a 0.079% alcohol concentration without a vehicle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(a) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the blood alcohol concentration is not high);

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that it is contradictory and the distance of driving is not long) is higher than that of the Criminal Act;

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