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(영문) 광주지방법원 순천지원 2014.01.16 2013고단2037
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 April 2, 2007, the Defendant had the record of receiving a summary order of fine of KRW 700,000 from the Seosan Branch of the Daejeon District Court on September 27, 2013 to a fine of KRW 5 million for the same crime.

Criminal facts

On October 24, 2013, the Defendant, at around 22:55, driven a light view in Gwangju-si, and then, from the parking lot to the front road of the Gyang-Eup, the Defendant driven a B low-speed car with a level of about 10km alcohol concentration of about 0.081% without a driver’s license, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers and the register of driver's licenses;

1. A previous conviction in judgment: An inquiry report, an investigation report (report attached to the same kind of power), and application of Acts and subordinate statutes governing each summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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