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(영문) 광주지방법원 목포지원 2014.08.05 2014고단964
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 14, 2014, at around 22:00, the Defendant, without a car driver’s license, driven a B-in vehicle under the influence of alcohol with approximately 0.128% alcohol concentration at the section of approximately 10km in front of the same Do to the front road of the same Sinan-ean-U.S. Denan-gun Sinan-gun, Yan-gun, Yan-gun, a Do.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, driver's license inquiry, and statement in the state of his/her driver's license;

1. Relevant provisions of Article 148-2 (2) 2, 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 as a matter of choice (Considering that there exists a history of being sentenced to a fine of KRW 1.5 million due to a drunk driving in 2004, a fine of KRW 700,000 due to a non-licensed driving, two years of suspended sentence in October 205, and one million won of a fine due to drinking and non-licensed driving in 2013, respectively);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the age, career, family relationship, etc. of the defendant together with the fact that he/she reflects his/her gender);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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