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(영문) 광주지방법원 해남지원 2015.02.12 2014고단203
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

A person who has violated Article 44 (1) of the Road Traffic Act on October 29, 2007, including a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's support on October 29, 2007, and a suspended sentence of 2 years due to the same crime in June 12, 2008.

On July 14, 2014, around 22:03, the Defendant driven C truck under the influence of alcohol by 0.207% without a vehicle driver’s license from the 15km section from the front of the volcanous in the front of the Donnam-gun, Chungcheongnam-do, Seoul, to the front road of the Yancheon-ri, Yannam-gu, Yannam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Control note;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes, such as criminal records, inquiry reports, written judgments, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the defendant's age, character and conduct, home environment, and circumstances after committing the crime, indicated in the records of this case);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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