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(영문) 광주지방법원 2014.05.08 2014고단849
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2014, at around 22:52, the Defendant driven BMW car without a driver’s license, while under the influence of approximately 5 meters of blood alcohol concentration of about 0.111% from the front day of the passenger car in Seo-gu, Seo-gu, Gwangju to the front day of the ordinary post of business in Seo-gu, Gwangju to the front day of the regular post of business in the Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a driver and an inquiry about driver's license;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment prescribed for a crime of violating the Road Traffic Act due to a heavier drinking operation), and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration the fact that the defendant has no previous conviction or heavier than the stay of execution, the fact that the defendant reflects his gender,

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