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(영문) 광주지방법원 순천지원 2015.09.25 2015고단910
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 November 8, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on November 8, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on September 7, 2011.

On May 19, 2015, at around 20:45, the Defendant, without a driver’s license, driven a Bknife vehicle with a blood alcohol content of about 8km from the front side of the steering line, to the front side of the Sogyang-si, Gwangjuyang-si, Gyang-si, with a blood alcohol content of at least 0.131% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Before and after ruling: Criminal history records, inquiry reports, and application of related statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his fault in depth, the fact that he has no criminal record of imprisonment or heavier punishment, and the fact that he has not paid a traffic accident due to drinking

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

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